Article 1 – Object 1.1 The terms and conditions set out below shall form part of the E-commerce Trading Agreement for purchases from the website giuseppebartoli.shop (the “Website”).
1.2 Owner of the website is Giuseppe Bartoli (the “Owner”) Piazza Garibaldi 5 – 55042 – Forte dei Marmi (LU) – IT.
Article 2 – Acceptance of the general terms and conditions of sale
2.1 All the transactions executed on the website (Purchase contracts) by the users (the Clients) are regulated according to the General terms and conditions of sale and regulated by the Consumer Code D.legs no. 206/2005), section II, distance selling articles 50-67 and by the E-commerce rules and regulations (D.lgs no 70/2003).
2.2 When concluding the Purchase contracts, according to procedure, the Client accepts and obliges himself to observe these General terms and conditions of sale: the Client is therefore invited, before placing any order, to read these General terms and, once finished the purchase procedure, print or store them.
2.3 Giuseppe Bartoli reserves the right to change, without warning, the content of the General Terms and conditions of sale. 2.4 The General Terms and conditions of sale appearing on the website will be applied upon a placement order by the Client.
Article 3 – products
3.1 giuseppebartoli.shop is a website selling shoes (the Products).
3.2 All the products on sale are illustrated in details on the website Home Page, under the respective sections, differentiated by category of Product.
3.3 The visual products reproduction on the website corresponds, where possible, to the photographic image of the same Products and has the sole purpose to present them for sale, without any guarantee from Giuseppe Bartoli about the correspondance of the product with the image on the website and/or packaging. In case of a difference between the image and the written information, the latter is to be taken as authentic.
Article 4 – Purchase procedure
4.1 The Client can purchase the Products illustrated in details from the website giuseppebartoli.shop inside the corresponding categories, as described in their technical files in the website, respecting the access procedures illustrated.
4.2 The Products shown on the website represent a contractual purchase proposal and the order sent by the Client is considered an acceptance of this proposal and it implies the aknowledgement of what stated in the General terms and conditions of sale.
4.3 The purchase is considered accomplished according to ex art. 1326 c.c. when and where the electronic impulses which regulate the acceptance will be registered by Giuseppe Bartoli server provider.
4.4 Giuseppe Bartoli will inform the Client of reception of the order with an automatic email sent to the address previously communicated as to confirm the Purchase.
4.5 This email will contain an “order number”, to use in any following contact with Giuseppe Bartoli. The message will also show all the details inserted by the Client who is invited to check their correctness. In case of extra expenses due to unreported mistakes, these will be charged to the Client.
4.6 The Client can check on line any order placed, visiting his personal area soon after the same has been forwarded and it can be cancelled until it is not sent to the deposit to be prepared for delivery. It may happen that the selected products are not available; in this case, the order will be sent as soon as all the products are available and after having informed the Client about this.
4.7 Giuseppe Bartoli has the right to cancel orders which do not give credit-worthiness, also when confronting them with credit card payment circuits, and in case of irregularities with the means of payments used by the Client.
4.8 Giuseppe Bartoli will use reasonable endeavours to ensure delivery within the next 3-5 working days from receiving the order and in accordance with Giuseppe Bartoli warehouse availability. The date indicated does not consider unforeseen events and acts of God as strikes, lockouts, trade unions disagreements, working hour restrictions, any kind of sabotage, accidents, catastrophes, arsons, natural disasters, wars, revolutions, confiscations, damages and any kind of causes which cannot be controlled by Giuseppe Bartoli and may interrupt the delivery. The above mentioned circumstances entitle Giuseppe Bartoli to an adequate prorogation and exclude any responsibility for losses or damages which may occur.
Article 5 – Product prices All the prices are clearly indicated on the website and delivery costs are indicated when placing and order. When the ordered products have to be delivered outside Italy, the Client may be liable of customs duty or import tax payable when the parcel reaches destination. Any added custom clearance cost will be paid by the Client. Giuseppe Bartoli cannot control these costs and cannot foresee their amount, as customs regulations differ from country to country and the Client is invited to contact the local customs office for further information.
Article 6 – Terms and delivery costs
6.1 Giuseppe Bartoli dispatch and deliver orders to all the countries listed on the website and to the address specified by the Client from Monday to Friday, during office working hours, excluded during national holidays. The delivery is considered complete once the product is delivered to the Client’s address indicated as shown in the order of confirmation.
6.2 No responsibility may be charged by the Client to Giuseppe Bartoli in case of delays in sending the order or in the delivery of the same.
6.3 In case of failure to deliver because of the receiver’s absence at the indicated address, the courrier will try again the day after and in case of another absence, Giuseppe Bartoli will try to contact the Client and arrange for another delivery. If Giuseppe Bartoli is not able to find the Client for a period of more than 10 days or in case the receiver is always absent, the ordered products will be sent back to Giuseppe Bartoli.
6.4 When receiving the order the Client is asked to carefully check that: a) the tamper evident security labels is intact and the packaging is not damaged or altered; b) the number of items to be delivered corresponds to what indicated on the delivery note
6.5 Any complaints relating to packing, quantity, number or exterior features of the Products, must be notified by the Client to Giuseppe Bartoli specifying the order in question.
6.6 Force majeure cases, problems with the means of transport, unpredictable or inevitable events which delay the delivery or make them difficult to carry on, will give permission to Giuseppe Bartoli to divide, postpone or cancel, in part or completely, the delivery or to terminate the Purchase Contract. In this case, Giuseppe Bartoli will supply prompt and fast communication of its intention to the email address indicated by the Client and the latter will be entitled to a refund, apart from any other pretence towards Giuseppe Bartoli.
Article 7 – Terms of payment To help ensure that your shopping experience is safe, simple and secure, Giuseppe Bartoli uses Paypal technology. Paypal rapresents one of the first escrow services, societies specialised in e-commerce payments. Payment security is guaranteed and the transaction is through a safe server. During payment you will be temporarily transferred to PayPal to fill in a special form with all the details necesary to a secure transaction. On PayPal website you can pay: a) using a Visa or Mastercard credit card (without logging in) b) using PayPal (you need a PayPal account) Clicking on the apposite box, the Client authorises Giuseppe Bartoli to debit the order total amount on the credit card or Paypal account indicated. At the end of the transaction, you will be transferred back to the website to visualize your order.
Article 8 – Cancellation and cooling off period
8.1 The Client, according to Art 64 and ss D. Lgs 206/2005 (Consumer code), is entitled to cancel the order for any reason and without giving any explanation, according to what stated below.
8.2 The Client has to communicate his decision to Giuseppe Bartoli via return recorded delivery letter which has to be received by Giuseppe Bartoli, within 10 (ten) working days of the iems delivery date.
8.3 Giuseppe Bartoli require that the Client returns any item in their original packaging in a “new and unused state”.
8.4 Once Giuseppe Bartoli has received the notice of cancellation, instructions will be given to the Client about how to return the products, within 10 (ten) days from authorisation. Fees may be applied to the Client.
8.5 Shipment and insurance of items returned to Giuseppe Bartoli is the Client’s responsibity and it will be at their cost. Giuseppe Bartoli shall have the right to charge any costs relating to the recovery of the item(s). In case of damages to the product(s) during transportation, Giuseppe Bartoli will inform the Client within five (5) working days upon receiving them at its warehouse so the Client can register a complaint towards the courrier chosen and obtain a refund of the product value (when ensured).
8.6 Partial or whole refunds to the Client will be made within 30 days of the date of the returned or cancelled items being received by Giuseppe Bartoli provided that the goods are properly returned. All undamaged, correctly returned products will be credited by bank trasnsfer or other payment methods agreed. Shipping charges and recovery costs are not refunded.
8.7 The cooling off period expires when there are not the conditions listed in art 8.3. In this case, Giuseppe Bartoli shall have the right to charge any costs relating to the recovery of the product(s).
Article 9 – Warranty for defects
9.1 The products offered on the website are in accordance with the national and community law existing in Italy. Products images and colours on the website might differ from the real ones because of the system setting or the instruments used to visualise them and in this case the Client is not entitled to any refund or replacement because the product file card is the reference (cfr. art. 3.3).
9.2 Terms applied to Purchase contracts are governed and interpreted in accordance with the laws contained in the Consumer Code.
9.3 In case of defective products, the Client, within two months from delivery, can contact Giuseppe Bartoli via email to the addrss email@example.com and require the Products to be replaced or repaired. The choice between the two is at the Client’s discretion except when what requried is impossible or too expensive compared to the other one.
9.4 In his statement of claim, the Client has to describe in details the flaw and send a copy of all the documents relating to the order, indicating the order number, Client number and any other useful detail. In case Giuseppe Bartoli do not answer within 5 working days, the client can urge an answer. Giuseppe Bartoli recommend to verify that their emails are not redirected to spam filters or do not reach the Client for technical problems on the electronic address.
9.5 Depending on the situation, Giuseppe Bartoli shall provide, without any extra charge for the Client, the required reparations and replacements within a reasonable time. In case Giuseppe Bartoli, for any reason, can not give back to the Client the guarantee products (replaced or repaired), they will propose the client to choose between a full refund of the amount paid or a replacement with other similar or superior quality products.
9.6 Right to guarantee is not applicable in case of flawed products purchased by professionists towards which, to the extent permitted by law, Giuseppe Bartoli do not give any warranty.
Article 11 – Communications and complaints Any communication or possible complaints by the Client towards Giuseppe Bartoli about the Purchase contract, can be forwarded to the email address firstname.lastname@example.org
Article 12 – Provision of replacement
12.1 In case of a present or future change in the Contract General Conditions or in case it becomes wholly or in part ineffective or in case of omission in the Contract General Conditions, what above stated remains valid and effective.
12.2 Both Giuseppe Bartoli and the Client are committed to negotiate in good faith the omission or to replace it in order to reach the pursued results.
Article 13 – Applicable law and jurisdiction
13.1 The Purchase Contract between Giuseppe Bartoli and the Client is settled in Italy and therefore regulated by the Italian law.
13.2 In case of controversies, these will be solved in front of the judicial authority where the Client resides, in case he is a consumer according to D. lgs 206/2005; in any other situation, the territorial jurisdiction is that of Lucca Court of Justice.
Online dispute resolution for consumers The consumer residing in Europe must be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to resolve by non-judicial any dispute relating to and/or arising from contracts of sale of goods and services entered into the network. Therefore, if you are a European consumer, you can use this platform for the resolution of any dispute rising from the online contract with the owner. Here you can find the link to the platform: http://ec.europa.eu/consumers/odr/