Terms and conditions
With the expression “on-line sales contract” reference is made to the sales contract (“Contract”) related to the material tangible assets of the Supplier, stipulated between the goods and the Buyer in the field of a remote sales system through computerized instruments, organized by the Supplier.
With the expression “Buyer”, reference is made to the physical consumer who makes the purchase, as referred to in this contract, for objectives not related to any commercial or professional activities carried out.
With the expression “Supplier” reference is made to the individual who makes the sale of the goods indicated in this contract.
IDENTIFICATION OF OBLIGATIONS BY THE PARTIES
Supplier: the goods indicated in these general conditions are put up for sale by Updated Calvani srl, with head office in 50123 Florence, Via degli Speziali 7/r, Tax Code and VAT number 02211990482.
Buyer: he specifically declares that he carries out the purchase for purposes outside of commercial or professional activities and is obliged not to resell the goods purchased.
SUBJECT AND CONCLUSION OF THE CONTRACT
With the Contract, respectively, the Supplier sells and the Buyer performs remote purchase through computerized instruments only of the material tangible assets indicated and offered for sale in this Site.
The Contract between the Supplier and the Buyer is concluded exclusively through the internet system through access by the Buyer to the address www.calvanifirenze.it, where, following the procedures indicated, the Buyer will formalize the proposal for the purchase of the goods offered for sale.
The conclusion process of the purchase Contract is carried out through on-line transmission of an irrevocable order by the Buyer, through the compilation and transmission online of the order form, that can be visualized in the web page of the order summary, in a printed version, indicating details of the person making the order and of the order itself, the price of the goods purchased and the dispatch costs, payment terms and methods and the address to which the goods will be delivered. When the Supplier receives an order from the Buyer he will send an e-mail of confirmation and/or visualization of a web page of confirmation and summary of the order, in a printed version, also indicating the details included by the Buyer in the order form. The contract will be considered concluded and effective between the parties only through execution of the order and emission of the relative invoice by the Supplier, the latter able up until that moment to accept or refuse the order. The sales invoice will be issued by Updated Calvani srl in a printed form and inserted in the pack containing the products ordered.
METHODS OF PAYMENT AND REIMBURSEMENT
The Supplier only accepts advance payment for the products ordered using the most important Credit Cards (MasterCard and Visa circuits), PayPal and Bank Transfer. For credit card payments, the card details are handled directly by Banca Monte dei Paschi di Siena spa or by any other banking institution that may be specified in the payment procedure, specialized in management of on-line payments. The transaction is handled directly and exclusively by the bank without the Supplier being aware of the details related to the credit card. Any other reimbursement to the Buyer, if he is entitled to it, will be paid back to the same credit card within 30 days from the date in which the Supplier was informed of the cause that generated the right to reimbursement.
The Supplier will organise delivery of the products ordered through a courier. The dispatch times of orders may vary, from the date itself of the order to a maximum of 7 working days, during which time the invoice will be issued and therefore the Contract will be concluded, with the start of its execution. If the Supplier is not capable of carrying out the dispatch within the given period of time, the Buyer will be informed by an e-mail which will indicate the new lead time. Delivery times may vary according to the place of destination.
Our Buyers can place orders for merchandise that is scheduled to arrive later in the season. The date of availability indicated online is supplied by the designer. Updated Calvani srl is not responsible for delays, cancellations or changes in pre-ordered items due to modifications during production.In the event that an item reserved by the Client does not arrive, the Client will be informed and a refund will be issued. The credit card will be charged on the date that the order is placed. The shipping address country inserted for Pre-Orders cannot be modified, updated or changed in any way. Orders containing more products of which one or more are Pre-Orders items with delivery destination Italy, can benefit from separate shipments: available products will be shipped immediately and Pre-Orders products will follow as soon as the selected product will be available. The orders to be shipped outside of Italy will be dispatched in a single shipment when all products, included Pre-Orders items, when it will be available. If you want to place an outside Italy delivery address order containing Pre order items, we suggest to place two orders: one with products on stock and the other with Pre order products.
DESPATCH AND DELIVERY COSTS
The Supplier will dispatch the goods using the DDP formula (Delivery Duty Paid) in EU countries, therefore in these destinations the goods will be delivered directly to the address indicated without having to pay any extra amounts compared with the amount already paid when preparing the order. For all other countries the DDU formula (Delivery Duty Unpaid) will be used, therefore the courier may have a separate invoice requesting payment of duties and taxes requested by local authorities. In any case it is up to the Buyer residing in a country other than the Italian Republic to find out about local taxes and duties before sending an order to the Supplier.
All of the sales prices of the products illustrated and indicated in the website are expressed in euro (€) and represent an offer to the public according to article 1336 of the Civil Code, they include VAT and any other duty with regards to delivery in the territories of a EU country. For deliveries to non EU countries, as specified in point 7), the courier may request further amounts from the Buyer for local taxes and duties. Dispatch costs will be indicated and calculated in the purchase procedure before transmission of the order by the Buyer and also contained in the summary web page of the order placed. The pries indicated alongside each of the goods offered to the public will be valid up until the order is sent and indicated in the summary web pages of the order. Therefore the prices and conditions may be varied by the Supplier at any time and as far as the Buyer is concerned, the contents of the web page of the order will be valid.
AVAILABILITY OF PRODUCTS
The Supplier guarantees, through the computerised system used, elaboration and despatch of the orders without any delays. If an order exceeds the quantity available in the warehouse, the Supplier will inform the Buyer of non availability of the goods by means of an e-mail or the expected waiting time to receive the goods chosen, asking the Buyer whether or not he intends to confirm the order. The computerised system of the Supplier will confirm registration of the order in the shortest possible amount of time, sending an order confirmation that does not generate any legal obligation, as it is a simple summary of the order itself.
LIMITATIONS RELATED TO RESPONSIBILITY
The Supplier will not be held responsible in any way for lack of service attributable to unforeseeable events, if he is not able to execute the order within the period of time indicated by the Contract. The Supplier will not be held responsible, with regards to the Buyer, excluding cases of malice or serious fault, for disservices or malfunctions connected with use of the internet system outside of its personal control or of the control of its suppliers. Furthermore, the Supplier will not be held responsible for damages, losses and costs borne by the Buyer following non execution of the contract for causes not attributable to him, as the Buyer will only have the right to full repayment of the amount paid. The Supplier will not be held responsible for any possible fraudulent and illegal use of credit cards possibly made by third parties, save the obligation to prove that he has adopted the cautions imposed by ordinary diligence.
GUARANTEES AND METHODS OF ASSISTANCE
The Supplier will be held responsible for all established faults or defects of the product, attributable to him, as long as such fault or defect has been officially established by a registered letter with Advice of Receipt, sent to the address indicated above (Updated Calvani srl – via degli Speziali n. 7/r, 50123 Firenze) within the peremptory period and no later than eight days from the delivery date.
OBLIGATIONS OF THE BUYER
The Buyer undertakes to pay the price of the goods purchased within the times and according to the methods indicated by the Contract. Furthermore the Buyer undertakes, once the on-line purchase procedure has been completed, to print and archive the web page that indicates details of the order and the page containing these sales conditions. The information contained in this contract has also been previously examined and accepted by the Buyer who has acknowledge it and sent the order for processing.
The Buyer has the right to withdraw from the stipulated contract, without any sanction and without specifying the reason, 14 (fourteen) days from delivery. If the Buyer decides to take advantage of the withdrawal right, he must sign to his account, select the order number and next select the items to return and the desired type of return. Once completed, Updated Calvani srl will send a confirmation email
To guarantee the reimbursement of the cost the goods must be integral, new and in any case in the same conditions of the original shipment.
The shipment charges related to the return of the goods are carriage forward only for Italy and exclusively for the first change (size/colour and faulty products) or for reimbursement.
To guarantee the right of free reimbursement, the shipment must be implemented with the courier specified by the Seller. The Buyer must also print and use the AWB received by email from the Seller.
The shipment charges related to other countries are carriage paid. The Seller won’t charge back to the Buyer neither the delivery costs nor any other related fees and/or taxes noted during the transmission of the order.
Shoes and other accessories must be returned with their original boxes, which must not be damaged and/or altered or used as the external parcel for the shipment.
To obtain the refund, the buyer will have to deliver the product to Updated Calvani srl within 10 days of acceptance of the return.
In the case of defective or incorrect merchandise, Updated Calvani srl reserves the right to request photographic support regarding defective or incorrect merchandise before authorizing a return for full reimbursement of shipping and import fee
The shipment, until the inbound confirmation of the Supplier’s warehouse, is under the complete responsibility of the Buyer.
The Supplier will reimburse the amount due to the Buyer following withdrawal within a period of thirty (30) days from receipt of the products at the conditions indicated above. The Buyer must send the returned goods to the following address: Updated Calvani srl – via degli Speziali n. 7/r, 50123 Florence.
PROTECTION OF CONFIDENTIALITY AND USE OF DETAILS OF THE BUYER
The Supplier will protect the privacy of its Buyers and will guarantee that the use of details complies with the contents of the norms on privacy, as indicated by the Legislative Decree n. 196 dated 30th June 2003. The personal and tax details acquired directly and/or from third parties of the Supplier, owner of the use of such details, will be collected and handled in a printed and computerised form, according to the methods of use with the objective of registering the order and activating the procedure for execution of the Contract and the relative necessary communications, as well as fulfilment of any possible legal obligations, and also to allow for efficient management of sales relations in the measure necessary to carry out the service requested in the best possible way (article 24, paragraph 1, letter b, Legislative Decree 196/2003). The Supplier is obliged to use the details and information transmitted by the Buyer with total confidentiality and must not reveal such information to unauthorised individuals, neither should he use them for purposes other than the ones for which they were collected or transmitted. The Buyer may exercise the right according to article 7 of the Legislative Decree 196/2003 and therefore will have the right to acquire: a) an update, variation or, whenever necessary, integration of details; b) cancellation, transformation into an anonymous form or blocking of details treated illegally, including those for which storage is not necessary with regards to the objectives for which the details have been collected or subsequently used; c) confirmation that the operations as indicated in letters a) and b) have been transmitted, also with regards to their contents, to those whose details have been communicated or diffused, excluding the case in which such fulfilment is impossible or results in the use of means that are disproportional compared with the protected right. Furthermore, the interested party has the right to object, entirely or partially: i) for legitimate reasons according to the use of his personal details related to the objective of the collection; ii) use of his personal details for purposes related to the diffusion of publicity material or direct sales or to carry out market research or sales communications. The communication of personal details by the Buyer is a necessary condition for the correct and rapid execution of this contract. On the contrary, the request made by the Buyer himself will not be fulfilled. In any case the details acquired will be stored for a period of time not exceeding the amount of time necessary for the objectives for which such details were collected or subsequently used. Their removal will always be carried out in a safe manner. The owner of the collection and use of personal details is the Supplier, as indicated above, to whom the Buyer may send any request to the head office.
CORRESPONDENCE AND COMPLAINTS
All written correspondence sent directly to the Supplier and any possible complaints will only be considered valid if sent to the address Updated Calvani srl – via degli Speziali n. 7/r, 50123 Firenze. The Buyer will indicate in the registration form his address and domicile, telephone number and e-mail address to which all Supplier correspondence should be sent.
ARCHIVE METHODS OF THE CONTRACT
In accordance with article 12 of the Legislative Decree 70/03, the Supplier will inform the Buyer that every order transmitted should be archived in a digital form on the relative server according to criteria of confidentiality and safety.
COMPOSITION OF CONTROVERSIES AND APPLICABLE LAW
For all of the controversies born from this Contract for which the Parties intend to take ordinary Legal Action, the Competent Court of Law will be the address of residence of the Buyer.
The Contract is regulated by Italian law.
DURATION AND EFFICIENCY OF THE CONTRACTUAL CONDITIONS
The order confirmation implies for the Buyer acceptance of these general conditions. These conditions may be updated or modified directly by the new norms included in the website. Changes or updates will be considered valid and effective for orders that have not yet been inserted and for which the web page has not yet been visualised and printed, summarising details of the order.