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 ''CUSTOMER''.
The CUSTOMER is a natural person qualified as a "consumer" pursuant to Legislative Decree 206/2005 and who therefore acts for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out.
Seller does not accept orders from customers resident or domiciled in countries other than those indicated above.
These conditions may be subject to changes and the date of their publication on the site is equivalent to the date of entry into force.
The language of the contract is exclusively Italian. It should be noted that these general conditions comply with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree. n. 206/2005, modified by Legislative Decree. n. 21/2014 and by Legislative Decree. 70/2003 regarding electronic commerce.
Object of the contract
These general conditions of sale govern the relationship between the seller and the buyer CUSTOMER who purchases the tangible movable goods indicated and offered for sale on the website www.tezzacalzature.it remotely . The contract is concluded exclusively through the internet, through the CUSTOMER's access to the aforementioned web address and the creation of a purchase order according to the procedure provided by the site itself.
The CUSTOMER, before proceeding to confirm his 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 check (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;
- terms of payment;
- the deadline within 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 he 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 purchased goods;
- 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, can take note of the geographical address, telephone and fax number and e-mail address relating to the seller.
The aforementioned information, however, is also reported below:
Registered office: Piazza Monza 25 - Dueville (VI)
Tel. ----
email: info@tezzacalzature.it
pec: ---@----
Formation and effectiveness of the contract
The procedure for placing an order in the seller's online store is divided into various phases. The first consists of selecting the entries corresponding to the desired articles. In the second phase it is necessary to enter the personal information relating to the buyer, including the billing address, any delivery address other than the home address and any in-store collection option. Thirdly you can choose the desired payment method. Finally, the CUSTOMER has the possibility to once again verify all the information entered (such as, for example, name, surname, address, payment method, item ordered, etc.) and, if necessary, to correct them before submitting their final order. by clicking on "Confirm".
Before sending the order definitively, the CUSTOMER will always be able to know the price of the goods purchased including applicable taxes, the cost of shipping costs, the means of payment that can be used, the way in which the concluded contract will be archived and the related access methods, the language available to conclude the contract, the indication of the tools for amicable dispute resolution.
The offers on the site constitute an invitation to propose.
The forwarding of his order by the CUSTOMER constitutes a binding proposal towards the seller.
Once the order has been received, the seller will send the CUSTOMER both a confirmation of receipt of the order and a confirmation of shipping directly to the e-mail address indicated.
The email confirming receipt of the order only serves to inform the CUSTOMER that the order has been received and taken over by the seller. The CUSTOMER undertakes to verify the correctness of the personal data contained therein and to promptly communicate any corrections to the seller by e-mail to info@tezzacalzature.it
The sales contract is considered concluded only with the sending by the seller of the shipping confirmation email to the CUSTOMER.
The seller undertakes to describe and present the items sold on the site in the best possible way. Nonetheless, some errors, inaccuracies or small differences between the site and the actual product may appear. 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 text of the contract
It will be the seller's responsibility to ensure that the text of the contract relating to the CUSTOMER's order is preserved.
The CUSTOMER can save and print the contract text before sending their 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 summary of the order 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 their order, will also receive a link from which they 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 ordered product (or the last product, batch or piece in case of goods, lots or multiple pieces delivered separately) or from the conclusion of the contract. If the CUSTOMER has appointed a person he trusts to collect the product, the right of withdrawal starts from the day of delivery of the product to the designated person other than the courier.
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 its decision to withdraw from the contract or by using the standard withdrawal form referred to in Annex I, part B, of the Legislative Decree. 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 notify (*) the withdrawal 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 in paper version)
- Date
(*) Delete the unnecessary wording.
In order to exercise the right of withdrawal, it is necessary that the relevant communication is sent before the expiry of the 14 day period and that the product is returned to the seller.
For further information on the right of withdrawal and/or for further operating instructions, you can contact the seller via e-mail at the address: 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 reimburse the CUSTOMER for 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 has 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 this reimbursement. The seller may withhold the refund until it has received the product or until the CUSTOMER has provided proof of having sent it back 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 associated with returning the products are the sole responsibility of the CUSTOMER. If it appears that the returned goods have undergone manipulation other than that necessary to establish their nature, their characteristics and their 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 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 for measurement to the extent reasonably necessary to decide whether to keep them or not, but they cannot be used, worn, damaged or washed
- the products are not complete with their labels
- the shoes are not in their original box
- supply of tailor-made or clearly personalized goods;
- supply of sealed goods which are not suitable for return for hygienic 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 likely 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 event of damage, returned products are examined and refunded only if the damage is found to be due to a manufacturing defect or a deviation from production specifications.
Prices
All prices are final and include VAT in accordance with the law.
Shipping costs are not included in the purchase price, but are indicated and calculated in the "Shipping Costs" item before placing the order.
Payment
Payments in execution of purchase contracts stipulated through the site can 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 pay the balance and will have the right to charge the same default interest in an amount equal to that required by law. ; in this case, until the CUSTOMER has settled 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 purchase functions through the Site, without prejudice to compensation for any further damage.
If the CUSTOMER proceeds to purchase the products by paying the price by credit card, the relevant banking institution will immediately verify the validity of the credit card, and will immediately debit the total amount corresponding to each Purchase Contract.
The buyer's credit card information is transmitted via a secure connection directly to the website of the banking institution managing the transaction.
Payment for the products purchased upon delivery of the same (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 sum indicated at the time of completion of the Purchase Contract. The courier usually does not have change. Bank checks, bank drafts 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 to the seller's bank account is verified. At the time of the order, all the information and data necessary to execute the 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 takes place within 1-2 working days from the date of receipt of payment. If delivery must take place on the islands or outside of Italian territory, it normally takes place within 2-3 working days from the date of receipt of payment. The seller, in any case, undertakes to deliver as soon as possible and, except in the case of cash on delivery, in any case within 30 days from the date of receipt of payment. The seller reserves the right not to proceed with delivery of the goods until payment from the CUSTOMER has been received.
The delivery of the products is intended 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 what is indicated in the transport document, (b) that the packaging is intact, not damaged or wet or otherwise altered, even in the closing materials.
Any damage to the packaging and/or products or the mismatch in the number of packages or indications must be immediately reported by the CUSTOMER, by affixing the writing "ACCEPTED WITH RESERVE" on the courier's delivery receipt. Furthermore, the CUSTOMER undertakes to promptly report to the seller by sending a message to the address servizioclienti@tezzacalzature.it any and all problems relating to the physical integrity, correspondence or completeness of the products received.
Cases of force majeure, unavailability of goods or means of transport, deliveries in areas or parts of the world not covered by our trusted carriers, as well as unforeseeable or unavoidable events which cause a delay in deliveries or make deliveries difficult or impossible or which cause a significant increase in the delivery cost 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 be entitled 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 it be unavailable and/or out of stock, it will propose a different product, but with equivalent characteristics, with the CUSTOMER having the right not to accept this new one. 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 receipt of products that do not conform to the orders or are defective, the consumer CUSTOMER has the right to have the conformity of the product restored free of charge by repairing or replacing the product. The consumer CUSTOMER can exercise this right if the defect appears 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 flaw found and possibly 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 processed in accordance with 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 making purchases. No other use, especially commercial, of the site or its contents is permitted. All elements of this site, whether audio 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.
Integrality
These General Conditions of Sale are made up of 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 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 find an amicable solution will be referred to the exclusive jurisdiction of the court of the place of residence or domicile of the CUSTOMER, if located in 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 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 constitutes an access point for users who wish to resolve disputes arising from sales or online service contracts out of court. For further information contact: info@ tezzacazature.it
In any case, the CUSTOMER is informed of the possibility of resorting to alternative dispute resolution procedures such as the mediation procedure regulated by Legislative Decree 28/2010 and the assisted negotiation procedure regulated by Legislative Decree 132/2014.