GENERAL TERMS AND CONDITIONS, CUSTOMER INFORMATION
Table of Contents
1. Scope of application
2. Conclusion of the contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Legal guarantee of conformity
7. Applicable law, competent court
8. Alternative dispute resolution
1) Scope of application
1.1 These general terms and conditions (hereinafter "General Terms and Conditions") of Shoes Sas (hereinafter "seller"), apply to all contracts concluded by a consumer or a professional (hereinafter "customer") with the seller, in relation to the goods and/or services on sale in the seller's online shop. These conditions exclude the application of the customer's own provisions, unless otherwise agreed.
1.2 In these General Terms and Conditions, a "consumer" means any natural person who concludes a legal transaction for purposes that are outside his or her commercial or independent professional activity. A "professional" means any natural or legal person or partnership with legal personality who, in concluding a legal transaction, acts for purposes that are attributable to his or her commercial or independent professional activity.
2) Conclusion of the contract
2.1 The product descriptions in the seller's online shop constitute binding offers by the seller.
2.2 The customer can accept the offer by means of the order form in the seller's online shop. In the event that the order is placed via the online order form, after entering personal data, the customer, by clicking on the validation button at the end of the purchase process, provides legally binding acceptance of the contractual offer in relation to the goods contained in his or her shopping cart. However, the offer can only be accepted if the customer, by ticking the appropriate box under the text: "I expressly declare that I have read and accept the General Conditions of Sale", confirms acceptance of the contractual conditions.
2.3 The seller will send the customer the order confirmation by post or e-mail.
2.4 In the event of acceptance of an offer via the seller's online order form, the contractual text will be saved by the seller and sent to the customer after sending the relevant order, together with the text of the General Conditions of Contract (e.g. by e-mail, fax or letter). The contractual text will also be archived on the seller's website and the customer will be able to access it free of charge through his password-protected account, by entering the relevant login data, provided that, before sending the order, the customer has created an account in the seller's online shop. In any case, the seller will send the customer an order confirmation, indicating the possibility of downloading and printing the General Terms and Conditions via the "print" function.
2.5 Before the binding forwarding of the order via the seller's online order form, the customer can correct his/her data at any time using the normal mouse and keyboard functions. Furthermore, before the binding forwarding of the order, all data will be displayed in a confirmation window, where they can still be modified using the normal mouse and keyboard functions.
2.6 If the customer acts as a consumer, the only language available for the conclusion of the contract is Italian.
3) Right of withdrawal
3.1 Consumers have the right to exercise the right of withdrawal.
3.2 For further information on the right of withdrawal, see the relevant information.
4) Prices and payment conditions
4.1 Unless otherwise indicated by the seller in the product description, the prices indicated by the seller are final prices and include the taxes applicable by law. Any additional shipping and delivery costs will be listed separately in the respective product descriptions.
4.2 The customer has various payment options available, which are explained on the seller's website.
4.3 If an advance payment is agreed, the balance must be paid upon conclusion of the contract.
4.4 If the customer chooses to pay with "PayPal", the payment will be handled by the service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, under the PayPal terms of use which can be found at https://www.paypal.com/it/webapps/mpp/ua/legalhub-full?locale.x=it_IT. This presupposes, among other things, that the customer opens a PayPal account or already has one.
5) Delivery and shipping conditions
5.1 The goods are shipped by courier to the address indicated by the Customer. The order is processed taking into account the shipping address indicated.
5.2 If the courier returns the goods to the seller due to the impossibility of delivery to the customer, the costs of the unsuccessful shipment will be borne by the customer. This does not apply if the customer exercises the right of withdrawal where the circumstance that made delivery impossible is not attributable to the customer himself or if the latter was temporarily unable to accept the service offered, unless the seller had notified him with adequate advance notice of the performance of such service.
5.3 In the event of collection by the customer himself, the seller informs the customer by e-mail that the ordered goods are ready for collection. Once the communication by e-mail has been received, the customer can collect the goods at the seller's premises. In this case, shipping costs are not charged.
6) Legal guarantee of conformity
6.1 The provisions of the law apply in cases of guarantee for defects of the sold item.
6.2 , the limitation period for warranty rights is equal to:
• for new goods, two years from delivery of the goods to the customer.
• for used goods, one year from delivery of the goods to the customer.
6.3 The assertion of claims for damages presupposes that the buyer informs the seller of the damage within two months of discovering the damage.
7) Applicable law, jurisdiction
7.1 If the customer acts as a consumer pursuant to point 1.2, the law of the country in which the customer has his habitual residence applies to all legal relationships between the parties, excluding the United Nations Convention on Contracts for the International Sale of Goods. The exclusive jurisdiction for all disputes arising from this contract is the customer's place of domicile.
7.2 If the customer acts as a professional pursuant to point 1.2, the law of the country in which the seller has its registered office applies to all legal relationships between the parties, excluding the United Nations Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes arising from this contract is the place of the seller's registered office.
8) Alternative dispute resolution
8.1 The European Commission has set up a platform for online dispute resolution available at the following link: http://ec.europa.eu/consumers/odr
This platform represents the point of reference for the extrajudicial resolution of disputes arising from online sales or service contracts in which the consumer is involved.
8.2 The seller is neither legally obliged nor willing to participate in a dispute resolution procedure before a conciliation body.