Conditions of Sale
General provisions
These General Conditions of Sale are valid exclusively between the company Tezza Calzature srl Us with registered office in Piazza Monza 25 in Dueville hereinafter referred to as the seller and any natural person resident or domiciled in the European Union who makes online purchases on the website www.tezzacalzature.it hereinafter referred to as the ''CUSTOMER''.
The CUSTOMER is a natural person qualified as a “consumer” pursuant to Legislative Decree 206/2005 and who therefore acts for purposes other than any entrepreneurial, commercial, artisanal or professional activity carried out.
The Seller does not accept orders from customers resident or domiciled in countries other than those indicated above.
These conditions may be subject to change and the date of publication of the same on the site is equivalent to the date of entry into force.
The language of the contract is exclusively Italian. It is highlighted that these general conditions comply with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree no. 206/2005, amended by Legislative Decree no. 21/2014 and Legislative Decree 70/2003 on electronic commerce.
Object of the contract
These general conditions of sale govern the relationship between the seller and the buyer CUSTOMER who purchases remotely the tangible movable goods indicated and offered for sale on the site www.tezzacalzature.it . The contract is concluded exclusively through the Internet, by the CUSTOMER accessing the aforementioned web address and placing a purchase order according to the procedure provided by the site itself.
The CUSTOMER, before proceeding to confirm his/her order, undertakes to read these general conditions of sale and in particular the pre-contractual information provided by the seller and to accept them by placing a tick (so-called flag ) in the indicated box.
Pre-contractual information for the consumer - art. 49 of Legislative Decree 206/2005
The CUSTOMER, before concluding the purchase contract, examines the characteristics of the goods which are illustrated in the individual product sheets on the site.
Before the conclusion of the purchase contract and before the validation of the order with "payment obligation", the CUSTOMER is informed regarding:
- total price of the goods including taxes, with details of shipping costs and any other costs;
- payment method;
- the deadline by which the seller undertakes to deliver the goods;
- conditions, terms and procedures for exercising the right of withdrawal (art. 5 of these conditions) as well as the standard withdrawal form referred to in Annex I, Part B of Legislative Decree 21/2014;
- circumstance for which you will have to bear the cost of returning the purchased goods in the event of exercising the right of withdrawal;
- existence of the legal guarantee of conformity for the goods purchased;
- after-sales assistance conditions and commercial guarantees provided by the seller.
The CUSTOMER, at any time and in any case before the conclusion of the contract, may obtain information on the geographic address, telephone and fax number, and e-mail address of the seller.
The aforementioned information is also reported below:
Registered office: Piazza Monza 25 - Dueville (VI)
Tel. ----
email: servizioclienti@tezzacalzature.it
pec: ---@----
Formation and effectiveness of the contract
The procedure for placing an order in the seller's online store is divided into several phases. The first consists of selecting the items corresponding to the desired items. In the second phase, it is necessary to enter the buyer's personal information, including the billing address, any delivery address different from the residential address and any option for in-store collection. Thirdly, it is possible to choose the desired payment method. Finally, the CUSTOMER has the possibility of checking all the information entered once again (such as, for example, name, surname, address, payment method, item ordered, etc.) and, if necessary, correcting them before sending the final order by clicking on "Confirm".
Before definitively submitting the order, the CUSTOMER will always be able to know the price of the purchased goods including applicable taxes, the cost of shipping costs, the payment methods that can be used, the way in which the concluded contract will be archived and the relative access methods, the language available to conclude the contract, the indication of the tools for amicable resolution of disputes.
The offers on the site constitute an invitation to propose.
The forwarding of the order by the CUSTOMER constitutes a binding proposal towards the seller.
Once the order has been received, the seller will send the CUSTOMER both an order receipt confirmation and a shipping confirmation directly to the indicated email address.
The order confirmation email is only used to inform the CUSTOMER that the order has been received and taken charge of by the seller. The CUSTOMER undertakes to verify the accuracy of the personal data contained therein and to promptly communicate any corrections to the seller by email to info@tezzacalzature.it
The sales contract is considered concluded only with the sending by the seller to the CUSTOMER of the shipping confirmation email.
The seller undertakes to describe and present the items sold on the site in the best possible way. Nevertheless, some errors, inaccuracies or small differences between the site and the actual product may be highlighted. Furthermore, the photographs of the products presented on the site do not constitute a contractual element, as they perform a merely indicative function.
Conservation of the contract text
The seller will be responsible for keeping the text of the contract regarding the CUSTOMER's order.
The CUSTOMER can save and print the text of the contract before sending his order by clicking on the "My orders" button and, subsequently, on the "Print current orders" button.
The text of the contract to which the parties will be bound is made up of the order summary that the CUSTOMER is ready to send and these general conditions of sale.
In the order shipping confirmation email, the CUSTOMER, in addition to the summary of his/her order, will also receive a link from which he/she can download and archive a copy of these general conditions of sale.
Right of withdrawal
Subject to the exceptions indicated below, the CUSTOMER has the right to withdraw from the order placed, without having to provide any reason, within 14 days from the day on which he received the product ordered (or the last product, batch or piece in the case of multiple goods, batches or pieces delivered separately) or from the conclusion of the contract. If the CUSTOMER has appointed a person of his trust to collect the goods, the right of withdrawal starts from the day of delivery of the product to the designated person other than the carrier.
The exercise of the right of withdrawal must be communicated to the seller with reference to its registered office by presenting any explicit declaration of your decision to withdraw from the contract or by using the standard withdrawal form in Annex I, part B, of Legislative Decree 21/2014, the text of which is reported below:
Standard withdrawal form pursuant to art. 49, paragraph 1, letter h)
(complete and return this form only if you wish to withdraw from the contract)
Dear company: Tezza Calzature srl
Registered office: Piazza Monza 25 - 36031 Dueville
I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods/services (*):
- Ordered on (*)/received on (*)
- Name of consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if this form is sent on paper)
- Date
(*) Delete as appropriate.
In order to exercise the right of withdrawal, the relevant communication must be sent before the expiry of the 14-day period and the product must be returned to the seller.
For more information on the right of withdrawal and/or for further operating instructions, you can contact the seller by email at: servizioclienti@tezzacalzature.it
Effects of exercising the right of withdrawal
Following receipt of the withdrawal notice sent by the CUSTOMER, the seller will send an email confirming the start of the return procedure.
The seller will refund to the CUSTOMER all payments received in relation to the product for which the right of withdrawal has been exercised ( including shipping costs relating to the cheapest shipping method offered by XXXXX) within 14 days from the date on which the seller received the communication relating to the exercise of the right of withdrawal. The seller will make the refund with the same payment method chosen by the CUSTOMER at the time of purchase, unless otherwise indicated by the CUSTOMER and unless the different payment method indicated by the CUSTOMER does not entail greater costs for the seller. In any case, the CUSTOMER will not bear any costs as a consequence of such refund. The seller may withhold the refund until it has received the product or until the CUSTOMER has provided proof of having returned it to the seller, depending on which of the two situations occurs first.
Once the right of withdrawal has been exercised, the CUSTOMER is required to return the products within 14 days from the date on which he communicated the withdrawal. The costs related to the return of the products are exclusively borne by the CUSTOMER. If it turns out that the returned goods have undergone handling other than that necessary to establish their nature, characteristics and functioning, the CUSTOMER will be held responsible for the corresponding decrease in value.
Exceptions to the right of withdrawal
The right of withdrawal does not apply in the case of:
- the products are not returned complete (e.g. shoes: both items that make up the pair must be returned)
- the products have been used: the products must be tried on to be measured to the extent reasonably necessary to decide whether or not to keep them, but they cannot be used, worn, damaged or washed
- the products are not complete with their label
- the shoes are not in their original box
- supply of goods made to measure or clearly personalized;
- supply of sealed goods which are not suitable for return for hygiene or health protection reasons and which have been opened after delivery;
- supply of products which, after delivery, are by their nature inseparably mixed with other goods;
- supply of goods which are liable to deteriorate or expire rapidly.
The seller reserves the right to refuse the return and not provide any refund if the conditions indicated are not respected. In the presence of damage, the returned products are examined and refunded only if the damage is due to a manufacturing defect or a deviation from the production specifications.
Prices
All prices are final and include VAT according to the law.
Shipping costs are not included in the purchase price, but are indicated and calculated in the "Shipping Costs" section before placing the order.
Payment
Payments in execution of purchase contracts stipulated through the site may be made exclusively by credit card, PayPal, bank transfer.
In the event of non-payment by the CUSTOMER of the agreed price, for any reason or cause, the seller will invite the CUSTOMER in writing to settle the balance and will have the right to charge the same a default interest in an amount equal to that provided by law; in this case, until the moment in which the CUSTOMER has regularized his debt position with the seller, the latter also reserves the right to cancel any subsequent deliveries of products, to terminate any existing purchase contracts, as well as to block the purchasing functions through the Site, without prejudice to compensation for any further damage.
If the CUSTOMER proceeds to purchase the products with payment of the price by credit card, the relevant banking institution will immediately verify the validity of the credit card, and will immediately proceed to debit the total amount corresponding to each Purchase Agreement.
The buyer's credit card information is transmitted via a secure connection directly to the website of the banking institution that manages the transaction.
Payment for products purchased at the time of delivery (hereinafter, Cash on Delivery) must be made exclusively with cash in Euros to the courier who will make the delivery. It will be the CUSTOMER's responsibility to prepare the exact amount indicated at the time of completion of the Purchase Contract. The courier does not usually have change. Bank checks, cashier's checks or other means of payment will not be accepted under any circumstances.
In case of payment by bank transfer, the order will be processed as soon as the credit on the seller's bank account is verified. At the time of ordering, all the information and data necessary for the execution of the bank transfer will be provided.
The supporting bank is Unicredit spa.
Delivery conditions
Unless otherwise indicated in the offer, in all cases of advance payment, delivery of the goods indicated as available in stock normally occurs within 1-2 working days from the date of receipt of payment. If delivery is to take place in the islands or outside of Italy, it normally occurs within 2-3 working days from the date of receipt of payment. The seller, in any case, undertakes to make the delivery as soon as possible and, except in the case of payment on delivery, in any case within 30 days from the date of receipt of payment. The seller reserves the right not to proceed with the delivery of the goods until it receives payment from the CUSTOMER.
The delivery of the products is intended to be at street level. Upon delivery of the products by the courier appointed by the seller, the CUSTOMER is required to check: (a) that the number of packages delivered corresponds to that indicated in the transport document, (b) that the packaging is intact, not damaged or wet or otherwise altered, including the sealing materials.
Any damage to the packaging and/or products or the lack of correspondence in the number of packages or indications must be immediately contested by the CUSTOMER, by writing "ACCEPTED WITH RESERVATION" on the courier's delivery receipt. Furthermore, the CUSTOMER undertakes to promptly report to the seller by sending a message to servizioclienti@tezzacalzature.it any and all problems concerning the physical integrity, correspondence or completeness of the products received.
Cases of force majeure, unavailability of goods or means of transport, deliveries to areas or parts of the world not covered by our trusted carriers, as well as unforeseeable or unavoidable events that cause a delay in deliveries or make deliveries difficult or impossible or that cause a significant increase in the cost of delivery borne by the seller will give the seller the right to split, postpone or cancel, in whole or in part, the expected delivery or to terminate the purchase contract.
In such cases, the seller will provide timely and adequate communication of its decisions to the email address indicated by the CUSTOMER and the latter will have the right to a refund of any price already paid.
In the event of theft/loss of the package, the seller undertakes to send a new product and, should the same be unavailable and/or out of stock, will propose a different product, but with equivalent characteristics, with the CUSTOMER having the right not to accept such new product and request the issuing of a credit note relating to the product itself.
In the event that the carrier is appointed in any capacity by the CUSTOMER, the seller will not be responsible for the loss and/or damage of the product from the moment of delivery of the goods to the carrier at its warehouses.
Legal guarantee of conformity
The CUSTOMER benefits from the legal guarantee of conformity provided for by Legislative Decree 206/2005. In the event of receiving products that do not comply with the orders or are defective, the consumer CUSTOMER has the right to restore the conformity of the product at no cost by repairing or replacing the product. The consumer CUSTOMER can exercise this right if the defect occurs within two years of delivery of the goods and reports the defect to the seller within two months of discovery. The seller invites the Customer to describe in as much detail as possible the nature of the defect or fault found and, if necessary, to send a copy of the order documents or indicate the Order number and any other data useful for the correct identification of the complaint via email.
Privacy Policy
The data communicated by the Customer necessary for the execution of the contract are treated in accordance with the current legislation. For complete information, please refer to the "Privacy" section.
Access to the site, copyright and trademarks
The CUSTOMER has the right to access the site for consultation and purchases. No other use, particularly commercial, of the site or its content is permitted. All elements of this site, whether sound or visual, and the related technology used remain the property of the seller and are protected by intellectual property rights. The use of trademarks, logos and other distinctive signs - including reproduction on other websites - by unauthorized third parties is prohibited.
Integrity
These General Conditions of Sale are constituted by all the clauses that compose them. If one or more provisions of these General Conditions of Sale are considered invalid or declared as such pursuant to the law, regulation or following a decision by a court having jurisdiction, the other provisions will continue to have full force and effect.
Applicable law, competent court and alternative dispute resolution tools
The law applicable to this contract is exclusively Italian law.
Any dispute between the seller and the consumer CUSTOMER that cannot be resolved amicably will be referred to the exclusive jurisdiction of the court of the place of residence or domicile of the CUSTOMER, if located within the territory of the State.
Pursuant to art. 14 of Regulation 524/2013, the CUSTOMER is informed that, in the event of a dispute, he/she may submit a complaint via the European Union ODR platform, which can be reached at the following link http://ec.europa.eu/consumers/odr/. The ODR platform is an access point for users who wish to resolve disputes arising from online sales or service contracts out of court. For more information, contact: servizioclienti@tezzacalzature.it
In any case, the CUSTOMER is informed of the possibility of resorting to alternative dispute resolution procedures such as the mediation procedure governed by Legislative Decree 28/2010 and the assisted negotiation procedure governed by Legislative Decree 132/2014.