General Sales Conditions
GENERAL SALES CONDITIONS
The sale of products on the website www.lescarpediangelo.com is governed by the following General Sales Conditions.
To purchase contracts concluded at a distance, through the web, the rules governed by the Consumer Code (Italian Legislative Decree 206/2005 and subsequent amendments and integrations) and the rules on electronic commerce (Italian Legislative Decree 70/2003) apply. Users are therefore invited to read these General Sales Conditions governing the purchase of products and the management of orders placed on the site.
SELLER IDENTIFICATION DATA
All products purchased on the website www.lescarpediangelo.com are sold directly by the Company "La Manuelita S.r.l", (also called Seller), owner of the registered trademark LE SCARPE DI ANGELO and authorized to manage the online sale of products.
Company name: La Manuelita S.r.l.
Registered office: Via Enrico Berlinguer, 15 - 63844 Grottazzolina (FM)-Italy
Taxpayer’s and VAT no: 01597530433
Registration in the Companies Register of Fermo –REA (Economic Register) 186230
Share Cap: € 50.000,00 fully paid up
Certified email: lamanuelitasrl@pec.it
DEFINITIONS RELATING TO ELECTRONIC COMMERCE
Through the website www.lescarpediangelo.com it is possible to stipulate an e-commerce contract, having as its subject the sale at a distance of products and, specifically, footwear, produced and sold by La Manuelita S.r.l, to buyers.
The term "Buyer" means the customer, who may be a Consumer or not.
The Consumer customer, defined by art. 3 of Italian Legislative Decree 206/2005 and subsequent amendments and supplements, is the natural person who makes the purchase for purposes not related to any business, commercial, craft or professional activity performed.
The non-Consumer customer, called Professional, defined by art. 3 of Italian Legislative Decree 206/2005 and subsequent amendments and supplements, is the natural person or legal entity which makes the purchase for purposes related to a business, commercial, craft or professional activity.
The Buyer is required to be eighteen years of age to be able to buy on the site www.lescarpediangelo.com.
The user is the visitor of the website www.lescarpediangelo.com
By the expression "Seller" is meant the entity which produces and sells the footwear to the Buyer, identifying it through its registered trademark LE SCARPE DI ANGELO.
La Manuelita S.r.l. reserves the right to modify the commercial offer and these General Sales Conditions, accepted by the Buyer during the purchase process.
The products with their prices offered for sale on the website www.lescarpediangelo.com, are depicted and made visible accurately and in such a way as to correspond to the characteristics actually possessed.
However, the Seller is unable to guarantee the exact correspondence to reality in relation to the images and colours as they appear on the Buyer's monitor.
In the event of a discrepancy between the image and the written product sheet, the description of the product sheet shall always prevail.
USE OF THE WEBSITE
The website may only be used as permitted by these General Sales Conditions and only in a manner consistent with all applicable laws, rules and regulations, and in general all practices or guidelines accepted in the relevant jurisdictions.
La Manuelita S.r.l. declares being the holder and licensee of all intellectual property rights relating to the site www.lescarpediangelo.com and the materials and content available therein.
These General Conditions do not grant the User and/or Buyer any licence to use the site or individual contents or materials available on it. Any other use or reproduction of the site or the materials or contents contained therein is strictly prohibited.
To register and place orders online, you must be 18 years of age or older. The Buyer is responsible for ensuring the correctness and completeness of all information provided at all times.
The User and/or the Buyer agrees not to use any deep links, robots or other automatic or manual tools, software, programs, codes, algorithms or methods to access, copy or control any part of the site or content, or reproduce, circumvent the structure of navigation or presentation thereof or obtain or attempt to obtain any material or information through means not made available by La Manuelita S.r.l. through the site.
The User and/or the Buyer agrees not to gain access to or attempt to gain unauthorised access to any part or feature of the site, or any other system or network connected to the site or any of the servers, systems or networks including business partners by means of hacking, "password mining" or using any other illegal method of data access.
The User and/or the Buyer agrees not to try, examine or test the vulnerability of the Site or any network connected to the Site, and not to breach security or authentication measures on the Site or any network connected to the Site. reasonably used to link non-personal data to personal data.
The User and/or the Buyer agrees not to take any action that may cause an unreasonable or overlarge load to the site infrastructure or to the system or network. The User and/or the Buyer agrees not to falsify the header or otherwise manipulate the identifying elements to mask the origin of any message or transmission sent through the site or any service offered by or on the site.
It further agrees not to impersonate or pretend to be another person or falsely represent another person.
AVAILABLE LANGUAGES
The languages available on the website www.lescarpediangelo.com are Italian and English.
PRODUCTS OFFERED
On the website www.lescarpediangelo.com it is possible to buy footwear belonging to different collections and categories (man and woman).
PROCEDURE FOR CREATING AN ACCOUNT
To be able to register on the LE SCARPE DI ANGELO website, the Account page must be accessed and registration must be made by clicking on the Register button.
A series of Personal Information and the choice of a password to be used at each future access are required.
After having filled in all the fields including the indication of an email address, the LE SCARPE DI ANGELO website will send a welcome email containing a summary of the data entered as well as a series of useful information for the user to be used after logging in.
After creating the Account and every time the user logs in, access is made to the Notice Board, which contains three different sections: Account Information and My Orders.
The "Account Information" section contains the Contact Information, Password Information and Newsletter Subscription Information.
From this section, it is possible to change both the Contact Information and the Password entered during registration.
The "Address Book" section contains information about the billing address and shipping address.
From this section, it is possible to change both the billing address and the shipping address.
The "My orders" section contains a description of the orders placed.
Finally, always from this page, it is possible to proceed with the Return request, by clicking on the button "Request return" and following the procedure provided by the system.
PROCEDURE FOR THE CONCLUSION OF THE CONTRACT
The contract between La Manuelita S.r.l and the Buyer is concluded exclusively through the Internet, by means of the order process.
Once the choice of footwear has been made, whether belonging to the Variant or the Ego Collections, it is necessary to choose the size and add the item to the cart by clicking on the "Add to cart" button.
Once the choice has been made, the cart must be accessed by clicking on the image, located at top right.
The cart page shows a summary of the information related to the item(s) added: representative image, size, quantity, price and VAT indication. In the event of the customer changing its mind, articles can be removed from this page.
If the customer wishes to proceed with its purchase, it must click on the "Checkout" button.
From the Checkout page it is possible to make the purchase following the following procedure:
- if the Buyer is already registered on the site, simply enter the login credentials in the "Login" section.
- if the Buyer is not registered on the site, simply register, creating an account according to the procedure described in the previous paragraph: "Procedure for creating an account".
- it is also possible to complete the purchase by entering all the required data in the form, without registering.
At this point, it will be necessary to enter a series of information before proceeding with the purchase:
1) the choice of document required: receipt or invoice;
2) information about the billing address;
3) information about the shipping address if it is different from the billing address;
4) the method of payment.
The order confirmation is preceded by the display of a web page summarizing the order which contains information on the price of the item(s) chosen, shipping costs and VAT.
The Buyer correctly completes the order procedure if the site does not show any error message (the system may detect errors in relation to the data entered for billing and shipping) and confirms the order by giving consent to purchase, through an agreement, sent online, which recalls the acceptance of these General Sales Conditions, the Privacy Policy and the Cookie Policy and the right of withdrawal.
By sending the order form electronically, the Buyer unconditionally accepts and undertakes to observe, in its relations with the seller, these General Sales Conditions and further information contained on the LE SCARPE DI ANGELO website and fully referred to herein, including the Privacy Policy and the Cookie Policy and the right of withdrawal. If the Buyer does not agree with some of the terms contained in these General Sales Conditions, it is invited not to submit the order form for the purchase of products on the LE SCARPE DI ANGELO website.
The purchase contract is deemed to have been concluded between the Seller and the Buyer upon receipt of the order by the Seller. In this case, the Seller will acknowledge receipt of the order by sending an email confirmation to the email address provided by the Buyer, complete with order summary and an identification number of the same.
The Seller reminds the Buyer to check with the utmost care and attention the correctness of the data contained in the order summary and to communicate any amendments within 12 hours of receipt of the same. The order number generated and sent by LE SCARPE DI ANGELO, must be used in all communications with the Seller.
As soon as the payment of the product has been received, LA MANUELITA will proceed to issue the relative fiscal document according to Italian Presidential Decree no. 633/1972, if so required by law.
If the Buyer wishes to receive an invoice, it must inform the Seller when filling in the order. When filling in the order, the Buyer must provide the data relating to the VAT number.
This contract will not be deemed to have been finalised, therefore it will not be effective, if the information given in the previous paragraphs is missing. The Seller may not process purchase orders which are incomplete or incorrect or in case of unavailability of products.
PAYMENT METHODS
All payments for the products purchased by the Buyer may only be made using the payment methods indicated on the LE SCARPE DI ANGELO website, at the web address: wwwlescarpediangelo.com, Legal Area section, Payment Methods page.
The information contained in this section is an integral and substantial part of these General Sales Conditions and is therefore deemed to be fully known to the Buyer and accepted at the time the order is placed.
The use of the indicated payment methods does not entail any additional burden on the Buyer. Further charges may be requested from the Buyer on the basis of the conditions applied by its bank.
Payment for the order must be made when the order is sent to the Seller. At the same time as the order confirmation is communicated, the total amount to be paid will be charged to the Buyer.
Payment may be made by credit card or PayPal, through the Shopify Payment systems and by Bank Transfer.
CREDIT CARD
The Seller accepts the credit cards of the VISA, MASTERCARD and AMERICAN EXPRESS circuits. The total amount due will be debited at the time the order is placed. In order to ensure the security of payments made online, the payment department of Le Scarpe di Angelo reserves the right to make appropriate checks before approving the transaction. To ensure greater protection, the customer may be contacted before proceeding with the order confirmation.
The Seller uses secure payment services, which require the use of the SSL security protocol. Confidential credit card information (card number, expiry date, security code) is encrypted and thus transmitted to the payment service provider.
PAYPAL
PayPal, a company of the eBay group, is a fast and secure payment system. Once the customer has selected this payment method and clicked on "Confirm Order" it will be redirected to the Paypal.com site to choose between:
- Making payment through a personal Paypal account (when ordering PayPal will immediately debit the amount of the purchase made);
- Paying with a credit/prepaid card (Visa, Visa Electron, Carta PayPal, Mastercard, American Express). For each transaction, the user will receive a confirmation email from PayPal. In case of cancellation the amount will be refunded to the PayPal account or credit card. Payment by PayPal or Credit Card speeds up order dispatch, as the transaction is checked instantly and the order is processed immediately.
SHIPPING INFORMATION
Shipping is always free for Italy.
For Europe and Countries of the Rest of the World, shipping costs are charged to the customer and vary according to the country of delivery.
Shipment will be processed within 7 working days of receipt of the order.
The above delivery times are approximate. Any delay due to the carrier cannot be attributed to the Seller.
Deliveries will be made from Monday to Friday based on office hours. There will be no deliveries during pre-holiday and holiday dates.
La Manuelita S.r.l. is responsible for controlling and managing the order, up to the delivery of the same to the customer, who must sign the receipt as an act of cessation of responsibility borne by the company for problems relating to transport. Orders cannot be delivered to P.O. boxes. Parcels sent to countries belonging to the European Community do not contain any invoice or document with the value of the goods. On the contrary, all shipments to non-EU countries will be provided with an official invoice showing the value of each item, according to the regulations in force.
If La Manuelita S.r.l. is unable to make the shipment within the period described above, timely notice will be given by email or phone to the Buyer if such contact details were provided at the time of placing the order.
At the time of delivery of the products, the presence of the Buyer, or a person appointed by it, is required to check that the packaging is intact and that the products received correspond to what is stated on the order. In the event of visible defects, and/or incorrect products, and/or non-integrity of the packaging, La Manuelita S.r.l. requests the Buyer or the person appointed by it to report the above anomalies on the waybill and to contact the Seller, through the Contact section, just as soon as possible.
PRICES
All sales prices of the products displayed and indicated on the LE SCARPE DI ANGELO website are expressed in Euro and constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code.
The sale prices referred to in the previous paragraph include VAT. Shipping costs and any additional charges, if any, although not included in the purchase price, will be indicated by the Seller in the purchase procedure before the order is sent by the Buyer and are also shown in the web page summary of the order made.
The prices indicated for each of the products offered to the public are valid until the date indicated in the product catalogue published on the website: www.lescarpediangelo.com.
PRODUCT AVAILABILITY
Thanks to the computerised system used, La Manuelita S.r.l. ensures the prompt processing and execution of orders. For this purpose, it indicates in real time, in its electronic catalogue, the number of products available and those subject to customisation, as well as delivery times.
Should an order exceed the existing available quantity, La Manuelita S.r.l. will inform the Buyer by email or by other means (e.g. telephone) if the product is no longer bookable or what the waiting times are to obtain the selected product, and ask whether it intends to confirm the order or not.
The Seller's computer system confirms the order registration as soon as possible by sending the Buyer a confirmation by email to the email address provided.
LIMITED LIABILITY
La Manuelita S.r.l. disclaims all liability for inefficiencies attributable to force majeure, in the event of its failing to execute the order in the time provided by the contract.
La Manuelita S.r.l. cannot be held responsible towards the Buyer, except in the case of wilful misconduct or gross negligence, for inefficiencies or malfunctions connected to the use of the Internet beyond its control or that of its sub-suppliers.
La Manuelita S.r.l. also disclaims liability for damage, losses and costs incurred by the Buyer as a result of failure to perform the contract for reasons not attributable to it.
La Manuelita S.r.l. disclaims all liability for any fraudulent or illegal use that may be made by third parties of credit cards, cheques and other means of payment, at the time of paying for the purchased products, if it proves having taken all possible precautions, to the best of its knowledge and belief, according to ordinary diligence.
Under no circumstances shall the Buyer be held liable for delays or misunderstandings in payment if it proves having made payment in the time and manner indicated by La Manuelita S.r.l.
THE SELLER'S OBLIGATIONS: LIABILITY FOR DEFECTS, PROOF OF DAMAGE AND REFUNDABLE DAMAGE
Claims for damages, on the part of the injured party, must be made in writing and must indicate the product that caused the damage and the place and date of purchase. In addition, they must contain the offer of the product on approval, if this still exists.
The Seller shall be liable, pursuant to articles 114 et seq. of the Italian Consumer Code, in the event of a defective product, unless the defect is due to product conformity, to an imperative legal provision or to a binding measure, or if the state of scientific and technical knowledge, at the time of the manufacturer putting the product into circulation, did not yet allow the product to be considered as defective.
No compensation will be due if the injured party was aware of the defect of the product and the danger deriving from it, yet voluntarily exposed itself to it.
In any case, the damaged party must prove the defect, the damage, and the causal connection between defect and damage.
LEGAL WARRANTY FOR THE CONSUMER BUYER
The Consumer Buyer is entitled to make use of the Legal Warranty provided for by the Italian Consumer Code art. 128 et seq.
This Warranty provides that the Consumer, under penalty of forfeiture, report to the Seller La Manuelita S.r.l., any lack of conformity of the product purchased within 2 (two) months of discovery. In any case, the Seller shall be liable for any lack of conformity that occurs within 2 (two) years of delivery of the goods.
For the purposes of this contract, consumer goods shall be deemed to conform to the contract if: a) they are suitable for the use for which goods of the same type are usually used; b) they conform to the description made by the Seller and possess the qualities of the goods that may have been presented to the consumer as a sample, model or trial footwear; (c) they possess the quality and performance normally associated with goods of the same type, which the consumer can reasonably expect, taking into account the nature of the goods, where appropriate, the public statements concerning the specific characteristics of the goods made about them to the seller, by the manufacturer or its agent or representative, in particular in advertising or labelling; (d) they are also suitable for the particular use intended by the consumer and of which the consumer informed the seller at the time of entering into the contract and which the seller has accepted including because of conclusive evidence.
In the event of a lack of conformity, the Buyer may request, alternatively and free of charge, under the conditions indicated below, the repair or replacement of the purchased product. This right of choice may be exercised only to the extent that it is not excessively onerous for La Manuelita S.r.l.
The request must be sent in writing to La Manuelita S.r.l., by email, registered letter or certified email. Upon receipt, La Manuelita S.r.l. will indicate its willingness to process the request, or the reasons it is unable to do so, within seven working days of receipt.
In the same communication, if the Seller has accepted the Buyer's request, it must indicate the method of shipment or return of the goods as well as the deadline for the return or replacement of the defective goods.
If repair and replacement are impossible or excessively expensive, or the Seller has not repaired or replaced the goods within the period indicated, or finally, the previously carried out replacement or repair has caused considerable inconvenience to the Buyer, the latter may, optionally, request a reasonable reduction in price or the termination of the contract.
In this case, the Buyer must send its request to La Manuelita S.r.l., which will indicate its willingness to give effect to it, or the reasons preventing it from doing so, within seven working days of receipt. The total duration of the two-year legal warranty starts on the date of delivery of the original goods.
La Manuelita S.r.l., if it accepts the Buyer's request, must indicate the reduction of the proposed price or the method of return of the defective goods. In such cases, the Buyer shall be responsible for indicating the methods for crediting the sums previously paid to the Seller.
LEGAL WARRANTY FOR THE NON-CONSUMER BUYER
The Buyer, which is not a consumer, has the right to avail itself of the Legal Warranty provided for by the Italian Civil Code, the articles of which are deemed to have been referred to herein.
This Warranty states that the Buyer, which is not a consumer, under penalty of forfeiture, shall report to the Seller the existence of defects that make the sold goods unsuitable for the use for which they are intended or that significantly reduce their value.
The above legal warranty is valid for a period of 12 (twelve) months from the delivery of the product and the existence of defects must be reported, under penalty of forfeiture, by the Buyer, which is not a consumer, within 8 (eight) days from discovery. Beyond this period, La Manuelita S.r.l. disclaims all liability for any defects affecting the sold product.
The Buyer is entitled to choose between: the termination of the contract of the goods with relative reimbursement of what has been paid or else a price reduction.
The request must be sent in writing, by email to the Seller, which will indicate its willingness to process the request, or the reasons for being unable to do so, within seven working days of receipt. In the same communication, if La Manuelita S.r.l. accepts the Buyer's request, it must indicate the method of return of the goods and the deadline for the refund of the amount paid.
La Manuelita S.r.l. reserves the right, after assessing the type of goods sold, to make use of the faculty provided by the Italian Consumer Code, i.e., either the repair of the goods or their replacement.
BUYER’S OBLIGATIONS
The Buyer undertakes to pay the price of the goods purchased within the expiry dates and in the manner indicated in the contract.
Once the online purchase procedure has been completed, the Buyer undertakes to print and keep this contract if it so deems necessary.
The information contained in this contract has already been viewed and accepted by the Buyer, which acknowledges it, as this step is made mandatory before the purchase confirmation.
WITHDRAWAL
If the Buyer is a Consumer, he or she shall be entitled to the rights referred to in articles 52 et seq. of the Italian Consumer Code and more specifically, the right to return the goods.
The right to return goods permits returning the purchased products within 14 days from the date of receipt of the products, without giving any reason and without any penalty.
In the case of purchase of multiple products, by means of a single order and delivered separately, the right to return may be exercised within 14 days of receipt of the last product.
The right to return may not be exercised if the product was purchased with a VAT number. The right of return, valid for Consumer Buyers, cannot be exercised for purchases made by retailers and companies.
In order to effect withdrawal, it is necessary to fill out the return form within the established time and notify whether the right of withdrawal is being exercised, i.e. the order is being cancelled, without giving any further reasons, or if the product is damaged or different from that ordered.
In the latter case, in order to facilitate the return procedure, it is always best to send an email message complete with order reference and a photograph of the product you wish to return.
Registered customers can fill out the form in the "order detail" section, after logging in. Once the request has been made, the request will be submitted to the approval of the customer service. Once the request has been approved, the customer will receive a notice and a date of return will be sent to the customer. In the event of the Buyer deciding to make use of other options in addition to those described above to communicate the withdrawal, it shall be required to prove the correct and timely exercising of the right of withdrawal.
The courier will take care of the collection of the article without any additional cost. All products must be returned in their original packaging.
In case of withdrawal, the products must be intact, under penalty of forfeiture of the right of withdrawal. The refund of the order will be made within 14 days from the date of receipt of the products.
For further information, please contact our customer service at 0734633376 or at the following email address customercare@lescarpediangelo.com
RIGHT OF WITHDRAWAL CONDITIONS
- The footwear must be returned in the same way as it was delivered: it must not have been used, worn, washed or damaged and must not show signs of wear.
- The footwear must be returned together with its original packaging.
- The footwear must be returned within 14 days from the date on which the decision to withdraw from the contract was communicated.
RESTRICTIONS TO THE RIGHT OF WITHDRAWAL
It is not possible to directly replace the product by choosing another one. If the customer wants to buy a product other than that previously ordered, it must place a new order.
The right to a refund cannot be exercised if the terms and conditions described above have not been respected.
For further cases not specifically indicated, the European regulations for distance selling shall prevail.
PROCESSING THE BUYER’S PERSONAL DATA
La Manuelita S.r.l. protects the personal data of its customers and guarantees that the processing of data is in accordance with the provisions of the privacy policy set out in Legislative Decree no. 196 dated 30 June 2003, as amended and supplemented, as well as in compliance with the European Privacy Regulation no. 679/2016.
The information on the processing of data is intended to be fully referred to herein and is shown on the Privacy Policy and Cookie Policy pages.
CONTRACT FILING METHODS
The Supplier informs the Buyer that this contract may be printed or stored on the Buyer’s own devices.
Pursuant to art. 12 of Legislative Decree 70/2003, La Manuelita S.r.l. informs the Buyer that each order sent is stored in digital/paper format on the server/at La Manuelita S.r.l. headquarters, according to criteria of confidentiality and security.
COMMUNICATIONS AND COMPLAINTS
Written communications addressed to La Manuelita S.r.l. and any complaints, will be considered valid only if sent to the addresses listed in the Contact Section.
The Buyer indicates in the registration form its place of residence or domicile, telephone number or email address to which it wishes to receive communications from the LE SCARPE DI ANGELO website.
CUSTOMS
If the goods ordered on the website www.lescarpediangelo.com are to be delivered outside Italy, the Buyer may be subject to import duties and taxes, payable once the package reaches its specified destination.
In addition, cross-border deliveries may be subject to possible opening and inspection of products by customs authorities.
Any additional customs clearance costs will be borne exclusively by the Buyer.
La Manuelita S.r.l. does not have control of these costs and cannot predict the amount. Customs policies vary considerably from country to country and for further information the Buyer should contact the competent customs office.
APPLICABLE LAW AND SETTLEMENT OF DISPUTES
This contract is governed by Italian law, with the exclusion of the operation of the conflict rules.
For civil disputes concerning contracts entered into between La Manuelita S.r.l. and the Consumer Buyer, jurisdiction is assigned to the judge of the place of residence or domicile of the Consumer, if located in Italy, in accordance with the Italian Consumer Code.
In all other cases, for any dispute relating to the validity, construal or execution of the contract, jurisdiction is assigned to the Court of Fermo.
We hereby inform Consumer Buyers resident in Europe that the European Commission has established an online platform which provides an alternative dispute resolution tool. This tool may be used by the European Consumer to resolve in an out-of-court manner any dispute relating to contracts for the sale of goods and services concluded online and/or arising from the same.
Consequently, the Consumer Buyer established in Europe, can use this platform for the resolution of any dispute arising from the online contract concluded on this site. The European ODR platform is available at the following link: https://webgate.ec.europa.eu/odr.
AMENDMENT AND UPDATING OF THE GENERAL SALES CONDITIONS
La Manuelita S.r.l. reserves the right to amend these General Sales Conditions from time to time, also in consideration of any regulatory changes. The new General Sales Conditions will be effective from the date of publication on the website: www.lescarpediangelo.com.
