Terms of sale

ART. 1) PURPOSE

The purpose of these General Terms is to govern the sale of products by correspondence through the computer network on the website www.theitalianshoe.com, which is the property of The Italian Shoe with main offices at 62 Via del costo – 36016 – THIENE (VI), Italy, enrolled in the Vicenza Enterprise Registry under number 352295 and with Taxpayer ID and VAT Code 03767490240 Products purchased from the website www.theitalianshoe.com are sold directly by The Italian Shoe. These purchases are reserved for direct use customers, excluding any parties such as dealers, wholesalers, retailers, professionals, etc. who intend to resell the same products to third parties. The Italian Shoe reserves the right to modify these General Terms at any time, notifying the Customer on the Website upon their first access following the modification of the General Terms themselves. The Italian Shoe shall bear no contractual and/or non-contractual responsibilities for any direct or indirect damages to persons and/or property resulting from the refusal, even partial, of an order on behalf of The Italian Shoe itself.

ART. 2) SUBJECTS
Supplier: The company The Italian Shoe, with main offices at 62 Via Del Costo – 36016 – THIENE (VI), Italy, enrolled in the Vicenza Enterprise Registry under number 352295 and with Taxpayer ID and VAT Code 03767490240 (hereafter referred to as The Italian Shoe)
Customer: The subject identified by the data inserted upon the completion and submission of the electronic order form, with the simultaneous acceptance of these General Terms (hereafter referred to as the Customer).
The Customer is strictly forbidden to utilise false and/or invented names both for the online ordering process, as well as for any additional communications. In the interest of consumers everywhere, The Italian Shoe reserves the right to pursue legal action against any violations or abuse. The Customer also hereby absolves The Italian Shoe of any responsibility deriving from the issuance of erroneous fiscal documents as a result of incorrect data provided by the customer, the customer him/herself being the sole party responsible for correct data insertion.


ART. 3) ONLINE SALES
The online sales contract is intended as a contract by correspondence and constitutes a legal transaction for the sale of goods (hereafter referred to as the Products) between The Italian Shoe and the Customer within the scope of a correspondence sales system organised by The Italian Shoe which, for the purpose of the same contract, utilises the remote communication technology called the internet. These contracts, therefore, are concluded directly by means of the Customer accessing the website at www.theitalianshoe.com, where, following the indicated procedures, he/she will conclude the contract for the purchase of the desired goods.
For each product a description  is available on the website, containing the main features and technical specifications of the product in question. It is understood that the image provided upon the description describing the product may not perfectly represent its characteristics and could differ in color, size and/or visible accessories and may be changed at any time by The Italian Shoe with no obligation to provide advance notice. The Product Description can, in fact, be consulted freely. As the product datasheets serve a purely illustrative purpose, the company shall bear no responsibility for any inaccuracies contained within them.
The Customer can only purchase the Products offered on the Website, at the prices indicated therein, by following the procedure indicated on the Website itself. The correct receipt of the order is confirmed by the Company by means of an email reply, which is sent to the email address provided by the Customer. This confirmation message will include the date and the time of the order, as well as a ‘Customer Order Number’ which can be used for any subsequent communications with The Italian Shoe regarding the order itself. The message will include all of the data inserted by the Customer, who must verify the correctness of the data and communicate any eventual corrections to be made, in compliance with the methods indicated on the Website, in a timely fashion. Prior to sending the order confirmation, the Company shall have the right to request additional information from the Customer via email with reference to the purchase order performed on the Website. Whenever sales made online go to nations outside the EEC, The Italian Shoe will handle the Customs clearance duties and charges.


ART. 4) PROCESSING TIME OF THE PRODUCTS.
Shoes are exclusively made-to-order. For this reason the delivery will take from 1 to 2 months. The effective delivery date will be communicated  by mail to the mail address indicated by the customer as soon as possible (generally at the moment of production start-up or inside the order confirmation).

ART. 5) ACCEPTANCE OF THE GENERAL TERMS OF SALE
By submitting the confirmation of his/her purchase order, the Customer unconditionally accepts the General Terms of Sale and Payment described within this document and is obliged to respect them in his/her dealings with The Italian Shoe. What’s more, by performing this action, the customer declares to have viewed and accepted all of the indications provided and recognises the fact that The Italian Shoe itself shall not be bound by any other conditions unless preventively agreed upon in writing.

ART. 6) SALES PRICES
Save for any other written indications, all of the prices indicated are to be considered VAT included and expressed in Euros. The validity of the indicated prices is always and exclusively that which is indicated in the procedure (product datasheet or order form) at the time in which the order is submitted to the supplier. The prices may vary without advance notice and the only correct price is to be considered that which is indicated by The Italian Shoe in the order confirmation.

ART. 7) METHOD OF PAYMENT
Payments for Products purchased by the Customer, as well as for the relative shipping charges, may only be made according to the following methods:
7.1 Credit card
If purchasing Products with a Credit Card, once the online transaction has been completed, the reference bank will only authorize the allotment of the amount relative to the submitted order. The amount for the purchased products will only be effectively charged to the Customer’s credit card once The Italian Shoe has issued the order confirmation. If the Customer should decide to exercise his/her right to withdraw from the contract after the payment for products purchased online has been made, The Italian Shoe shall instruct the banking institution to credit the amount for reimbursement to the Customer’s credit card. The Customer must be the holder of the credit card and the credit card must be valid at the time in which the online purchase order is submitted. The Italian Shoe will have no knowledge of the Customer’s credit card information at any time during the purchasing process. The credit card information is transmitted, by means of a protected network connection, directly to the website of the banking institution which handles the transaction. This information is not stored in any The Italian Shoe database. The Italian Shoe may not be held responsible for any fraudulent or improper credit card use by third parties for the payment of Products purchased on the Website.
The Italian Shoe reserves the right to request the customer at any time to send additional information and /or documents proving the ownership of the credit card used for the drawing-up of the Contact of Sales. In case the customer fails to comply with the requests, The Italian Shoe reserves the right not to accept the order, or to cancel the completed Contract of Sales giving timely notice of that to the customer at the e-mail address indicated in the order.


ART. 8) METHOD OF DELIVERY
The purchased products shall be delivered by The Italian Shoe to the address indicated by the Customer.
Each consignment contains:
- the product(s) ordered;
- the relative invoice (only if expressly requested from The Italian Shoe on behalf the Customer at the time of order
The Italian Shoe ships Customer deliveries using selected express Couriers.
Only orders comprised of goods which are entirely available shall be processed and the delivery date will be communicated in the order confirmation or at the moment of production start-up.
For a correct and proper delivery of the ordered goods the  presence of the customer or of one of his agents is always required. In case none of them were available at the time and place of delivery of the purchased goods , the courier will leave a second-day delivery notice as well as a phone number. In this way the customer will have the possibility to eventually agree with the courier another possible delivery date if necessary. The execution of the Order will remain suspended at the offices of courier and if delivery cannot be effected, within 60 days the product will return to The Italian Shoe’s warehouses.
Once that the products will have returned to The Italian Shoe’s warehouses, the customer will be contacted by the customer service and will have the possibility to decide whether to effect a second shipment by adding the further transport costs or to ask for the refund of the entire order which all expenses incurred up to that moment will have to be deducted from.
Upon receiving the merchandise at the delivery address, the Customer is required to check the integrity of the parcels, as well as the correspondence of their contents with the quantities and qualities ordered. In the event of discrepancies and/or differences, the Customer must indicate these to the courier with precision and have them noted on the transport documentation in order to be able to exercise his/her relative rights.

ART. 9) DELIVERY NOTE OR INVOICING
For each Contract of Sale completed throught the website, The Italian Shoe will issue a delivery note. This means that for all customers who have filled in with their own TAV number at the moment of issuing thier own purchase order, the accounting document required by laws relating to the purchased items will be issued and sent to the mail address indicated by the customer. After the issuing of these documents it won’t be any longer possible to modify them, nor it won’t be possible to issue such documents if the customer hasn’t indicated his own TAV number in the blanks.

ART. 10) RESPONSIBILITY
The Italian Shoe shall bear no responsibility, save for cases of wilful misconduct or gross negligence, for any direct, indirect or consequential damages suffered by the Customer or by third parties, which can not be foreseen at the time in which these General Terms are accepted, as a result of the services rendered and/or for damages of any kind or in any way associated with them, deriving from the failure to meet the contractual obligations, even in cases of damages claimed by third parties for any reason.
The Customer expressly recognises that The Italian Shoe’s responsibility for any breach of services indicated under the previous point is limited to, and shall never exceed, the amounts received by the same from the Customer in relation to the performance of the individual services for which they are responsible. Any additional damages, losses, costs or expenses are hereby expressly excluded. The Italian Shoe shall bear no responsibility for any shortcomings and/or damages which should befall the Customer due to causes which cannot be attributed to The Italian Shoe itself or, in any case, by delays due to malfunction, failed or improper transmission of information or as a result of causes which are beyond the company's control, including, without limitations, system delays or downtime, the interruption or lack of internet connectivity, the interruption, suspension or malfunction of internet access nodes, or the interruption, suspension or poor functionality of electronic, postal or electrical energy distribution services; by strikes or lockouts, even on behalf of its own staff, wherever they should occur; by impediments or obstacles caused by national or foreign legislation or acts; by judicial acts or provisions or third party factors; by other causes which can not be attributed to The Italian Shoe and, more generally, by any impediment or obstacle which cannot be surpassed with the ordinary criteria of diligence employed by The Italian Shoe in the course of its activities.
The Italian Shoe has the faculty to suspend and interrupt the service of connection to the Website at any time for technical reasons and for reasons linked to the efficiency and the security of the services offered, as well as to suspend its functionalities for cautionary motives without being held responsible for any consequences which may derive from such interruptions or suspensions.
The Italian Shoe shall not be held responsible for any eventual fraudulent and/or illicit third party use of the credit cards utilised by the Customer at the time of Product purchase. In fact, The Italian Shoe will have no knowledge of the Customer's credit card number throughout the purchasing process.

ART. 11) WARRANTY FOR NON-COMPLIANT PRODUCTS
The products purchased on the website www.theitalianshoe.com are subject to the provisions, where applicable, of Italian Legislative Decree 2.2.2002 no. 24 (G.U. no. 57, 8.3.2002) regarding sales contracts and warranties for consumer goods and, for issues not addressed therein, the Italian Civil Code. This warranty shall apply to any product presenting non-conformities and/or malfunctions which could not be detected at the time of purchase, as long as the product itself is utilised properly and with due diligence, or rather in compliance with its intended use, with that which is indicated in the relative technical documentation and with respect for the operating standards indicated therein. The warranty described above shall not, on the other hand, be applicable in cases of negligence or in cases of improper product use and maintenance. The warranty is personal and is reserved exclusively to direct customers. It shall therefore only be recognised in relation to the original buyer and not in relation to dealers, resellers, etc. Any eventual product non-conformities must be communicated within the terms prescribed by law, by completing the form which can be requested at the appropriate email address info@theitalianshoe.com. This form must be attached to a copy of the order confirmation received by email from The Italian Shoe (as indicated under Art. 3 above) and included with the return shipment containing the non-compliant product. The product, though non-compliant, must be returned to The Italian Shoe for repair or replacement in its original packaging and along with all of the accessories and documentation received by the Customer at the time of delivery. The return shipment of the product without its original packaging, accessories and documentation will impede The Italian Shoe from obtaining a replacement product from the manufacturer, thereby likewise preventing its replacement for the Customer. The Italian Shoe reserves the right to verify the non-conformity of the product returned by the Customer and to repair or replace the product after this inspection alone. If, following inspection on behalf of The Italian Shoe, the fault should not result as a conformity defect, the Company reserves the right to charge the Customer for the costs associated with the inspection and restoration of the product, as well as the relative shipping costs.

ART. 12) – A) RIGHT TO WITHDRAWAL
*As special offer for new customers, any shipping charges associated with the return of the merchandise of the first purchase are not required; all the other mentioned sales terms and conditions remain unchanged.

All purchases made on the website www.theitalianshoe.com are governed by the Italian laws regarding sales by correspondence. In the event that the Customer should have erroneously ordered an item which he/she does not desire, he/she has 10 (ten) days from the date of delivery to exercise his/her right to withdrawal, or rather the possibility to return the product. According to Art. 5 of Italian Legislative Decree 185/1999, if the Customer is a consumer, or rather a physical person that purchases goods for reasons unrelated to his/her profession, he/she has the right to withdraw from the purchase contract for any reason and therefore has the right to return the purchased product and obtain a reimbursement for the charges sustained in accordance with the following methods. The right to withdrawal is subject to the following conditions:
- the right applies to the product in its entirety and not to its individual parts or components;
- in the event of associated rewards or promotional sales, in which the purchase of a product is associated with another product which is sold at a nominal price (or offered free of charge), the right to withdrawal shall be legitimately carried out with the return of both products included in the purchase (due to the promotional product being bound as an accessory to the purchased product).
In order to exercise the right to withdrawal, the Customer, without being required to provide explanations and/or suffer penalties of any sort, must send a communication to the email address info@theitalianshoe.com within 10 (ten) days from the receipt of the goods, indicating his/her desire to withdraw from the contract.
The Customer must also complete the form found within the received parcel (hereafter referred to as the Return Request Form) and send it by means of registered mail with return receipt to the attention of the Web Department at The Italian Shoe, Via Del Costo 62–36016 Thiene (Vicenza), Italy. Immediately upon sending the withdrawal notice, the Customer must prepare to return the merchandise to The Italian Shoe using the courier of his/her choice. The merchandise must be sent to The Italian Shoe, Via del Costo,62  – 36016 Thiene (Vicenza), Italy along with an attached copy of the registered letter indicated above and the Return Request Form. The merchandise must be returned integral and properly sealed within its original packaging, complete with all of its accessories. By law, the Customer is required to sustain any shipping charges associated with the return of the merchandise. In the case of various items associated with a single order, for which the Customer has exercised his/her right to withdrawal, the same must be sent to The Italian Shoe within a single shipment. The Italian Shoe shall bear no responsibility whatsoever for damage, theft or loss of merchandise returned by means of uninsured shipments.
The Italian Shoe shall reimburse the price of the merchandise for which the Customer has exercised his/her right to withdrawal, less the amount for the shipping charges sustained by the Customer at the time of the order. The reimbursement shall be carried out as long as a copy of the order confirmation sent via email by The Italian Shoe is shipped along with the merchandise (as indicated under Art. 3 above). Save for any additional repair costs, The Italian Shoe shall reimburse the relative amount, within 30 days from receiving the returned merchandise according to the methods described above, by crediting the reimbursement amount to the Customer’s credit card.
The right to withdrawal shall be automatically nullified in any of the following cases:
- lack of original packaging;
- the absence of any of the elements shipped along with the merchandise (accessories, tags, labels, notes, etc.);
- damage to the product not resulting from its transport;
- use of the product.
In the event of forfeiture of the right of withdrawal The Italian Shoe will not return the value of the property but will ask the customer if they want to return the goods by paying the additional shipping cost.

The Italian Shoe agrees to pay the shipping cost for the return of goods only in case of damage to them due to transport – only in case the damages have already been duly reported to the courier at the moment of delivery- or just in case these damages have been  recognized by The Italian Shoe.

The Italian Shoe will only credit the Customer's credit card with the entire amount paid for shipping charges in cases of this typology. The Italian Shoe shall send an express courier to collect the merchandise at the address indicated by the Customer.
In the case of purchases destined outside of the EEC, the Customer shall be expected to pay any customs duty charges for the release of the Merchandise. Therefore The Italian Shoe, will not accept any goods which are left in Customs as returned merchandise.

ART. 12 - B) SIZE CHANGE
In the case of request for change of size the expenses for the goods return and new shipment will be charged to the customer.

ART. 12 C) PENALTIES FOR THE CANCELLATION OF THE ORDER
In case the customer cancels the order before having received the confirmation of production start up in his own mailbox, The Italian Shoe will order the credit of 100% of the amount to be refunded to the credit card of the customer

In case the customer cancels the order after having received the confirmation of production start up in his own mailbox, The Italian Shoe will retain 30% of the amount on the credit card of the customer as reimbursement of costs incurred.

ART. 13) INFORMATION AND COMPLAINTS
For any clarifications or complaints, please contact The Italian Shoe at the following email address: info@theitalianshoe.com

ART. 14) COMMUNICATIONS
The Customer hereby recognises and accepts that all of the communications, notifications, certificates, information and statements, as well as any other documentation regarding the operations carried out in reference to the purchase of the Products, shall be sent to the email address indicated at the time of registration with the possibility of downloading the information to fixed supports in the methods and within the limits offered by the Website itself.

ART. 15) ORDER CANCELLATION ON BEHALF OF THE ITALIAN SHOE
1.    The Italian Shoe reserves the right to cancel an order or an individual item from an order in the event that any of the following circumstances should arise:
1  items which are indicated as out of stock;
2  items which, due to certain problems, cannot be delivered;
3  credit card fraud.
With reference to pints 1 and 2 the customer will have the right to obtain the refund of the prices already paid, without any further claim or compensation for any reason against The Italian Shoe.

ART. 16) LEGAL JURISDICTION
This contract is governed by Italian law. For any disputes concerning the validity, interpretation or execution of this contract, the VICENZA law courts shall have jurisdiction over the matter.

ART. 17)  SHIPMENTS
The Italian Shoe provides home delivery of the products purchased at www.theitalianshoe.com to the main international destinations.
Depending on the country of destination, the couriers that will be contacted will be DHL, TNT or UPS.

ART. 18) DELIVERY DATES
Delivery dates will be specified in the order confirmation from time to time.

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