1. SUBJECT MATTER AND DEFINITIONS
1.1. These Terms and Conditions of sale (hereinafter also the “Terms”) apply to the purchase of “PV Paola Venturi brand products” (hereinafter the “Products” or individually the “Product”) through the e-commerce website www.paolaventurishoes.com (hereinafter the “Website”) by users who fall under the definition of “Consumers” pursuant to the law and as specified below.
Orders” are governed by the “Conditions” published on the Site at the time they are sent to the Seller.
1.2. The Parties involved in the purchase of Products through the Site are Paola Venturi SRLS in the capacity of Seller (hereinafter the “Seller”) and the natural person who purchases one or more Products for purposes unrelated to his entrepreneurial, commercial, artisan or professional activity (hereinafter the “Consumer” or the “Purchaser”). The Seller and the Consumer shall be jointly referred to as the “Parties”.
1.3. Processing of purchase orders, including delivery of the Products, is handled directly by the Seller.
1.4. Any communication from the Consumer in relation to the purchase of the Products, including any complaints or requests relating to the purchase and/or delivery of the Products or the exercise of the right of withdrawal, etc., shall be sent to the Seller in accordance with the procedure indicated in these Conditions and on the Site or to the e-mail address firstname.lastname@example.org.
1.5. The Site is reserved exclusively for retail and for the exclusive use of Consumers. It follows that only Consumers can send orders through the Site and that these Conditions are applicable exclusively to orders placed by Consumers. In the event that, even through the Site, orders are received from parties that do not fall within the definition of Consumers, the provisions of these Conditions in favour of the Consumer shall not be applied to such orders, but the purchase shall be governed by the ordinary rules in force in relation to the sale and purchase. In particular, the Right of Withdrawal as per article 8.1 and the Guarantee of Conformity as per article 8.2 shall not apply.
1.6. In order to make purchases from the Website, Consumers must be over 18 years of age and have legal capacity. By filling out the Order, the Consumer declares to be in possession of these requirements.
2. CHANGES TO PRODUCTS – COUNTRIES TO WHICH PRODUCTS CAN BE DELIVERED.
2.1. The sales prices, the products sold on the Site and/or their characteristics may be subject to changes or modifications by the Seller. Any changes or modifications shall only apply to orders that have not been confirmed prior to the date on which such changes come into effect. In any case, the Consumer is requested to check the final price before sending the purchase order according to the procedure described in article 3 below.
2.2 Access to the Site can be made from anywhere in the world, but delivery of the Products available on the Site can only be made in the countries of the European Union, Switzerland and the United Kingdom.
3. PRODUCT PURCHASE PROCEDURE – CONCLUSION OF EACH INDIVIDUAL PURCHASE CONTRACT
3.1. The presentation of the Products on the Site constitutes an invitation to the Purchaser to make a purchase offer, it is not an “offer to the public”, therefore the contract is considered concluded only after the Seller has sent the order confirmation.
3.2. The purchase order sent by the Purchaser to the Vendor through the Website constitutes a contractual offer and is subject to the present general conditions of sale, which are an integral part of the Order. By sending the Order to the Seller, the Consumer accepts the General Conditions of Sale. Before proceeding to the purchase of the Products by sending the Purchase Order, the Consumer is requested to carefully read the present General Conditions of Sale, which include the information on the right of withdrawal and the warranty. The Consumer is also asked to verify and correct any errors regarding his personal data.
3.3. The Purchase Order of the Consumer is accepted by the Seller through the confirmation and payment procedure carried out through the dedicated section of the Website. The order confirmation email shall include a link to these Conditions, a summary of the order placed, including details of prices, shipping costs and applicable taxes.
4. PRODUCT SELECTION AND PURCHASE PROCEDURE
4.1. The purchase of the Products displayed on the Site can be made by selecting each Product that one intends to purchase and adding it to one’s virtual cart. Once the selection has been made, in order to purchase the Products selected and added to the trolley, the Consumer shall be requested to fill in the data necessary to proceed with the shipment of the same on the Website, the data for invoicing, or, if he/she has already registered, to log in, so that the order can be completed and the contract concluded. If the data reported on the order differs from those provided during the registration phase on the Website, the Consumer shall be asked to confirm such data, the delivery address, the email address to which any communications shall be sent.
4.2. The Consumer shall also choose a payment option from those available, selecting immediate payment by credit card or Pay Pal, and shall be asked to provide the corresponding data via a secure network connection.
4.3. After having completed and sent the order, the Consumer shall receive an e-mail confirming receipt containing the Order Number and a summary of the Products purchased.
5. DELIVERY AND ACCEPTANCE OF PRODUCTS
5.1. Although the Site generally gives indications on the availability or otherwise of the Products and on delivery times, such information is purely indicative and in no case binding on the Seller.
5.2. The Seller undertakes to do everything in its power to comply with the delivery times indicated on the Website and, in any event, to deliver within 30 (thirty) days from the day following that on which the Consumer places the Order. If the Product ordered by the Consumer is not available, even temporarily, the Seller shall inform the Consumer via email and shall reimburse the amount already paid as illustrated in detail in the subsequent art. 5.3.
5.3. The Products ordered by the Purchaser shall be delivered to the address indicated. The Purchaser undertakes to verify at the time of delivery that the delivery is correct and includes all the Products purchased, and only those Products, and to notify the Seller of any incorrect, damaged or non-conforming products following the procedure described in article 9 of these Conditions. Otherwise, the Products will be considered accepted. In the event that at the time of delivery the packaging or the package of the Products are obviously damaged, the Consumer is invited to refuse the delivery by the courier/carrier or to accept the delivery “with reserve” reporting the problem.
6. PRICES, SHIPPING COSTS, TAXES AND CUSTOMS DUTIES
6.1. The sale price of the Products is the price indicated on the Site at the time the order is placed by the Consumer. The prices of the Products indicated on the Site include the costs of standard packaging and VAT (if applicable). The price does not include shipping costs, which are free of charge for the countries of the European Union, while for Switzerland and the United Kingdom they will be indicated before the order confirmation and which the Consumer accepts by sending the Order.
6.2. The total price, including shipping costs and taxes, shall be indicated on the Order and on the order confirmation sent by email by the Seller to the Consumer.
6.3 Orders shipped from a country outside the EU may be subject to customs duties, import taxes and charges imposed by the buyer’s country, applied once the shipment reaches the recipient’s country. These additional charges are the responsibility of the buyer. In case of purchase from a non-European country, you can contact our customer care for further information.
7.1. The payment of the Products purchased on the Website shall be made at the same time as the order confirmation is sent by the Seller to the Consumer. It is expressly agreed that the processing of the Order by the Seller shall begin after the price has been credited to the Seller’s bank account.
7.2. Purchases made through the www.paolaventurishoes.com website can be paid for by credit card and PayPal.
7.3. The Site uses e-commerce technological systems considered to be of adequate security in line with current technological standards and encryption systems (SSL) to prevent unauthorised access to the Consumer’s personal data and credit card data.
7.4. The invoice/tax documentation relating to the purchase shall be sent to the Consumer in accordance with the laws in force.
8. RIGHT OF WITHDRAWAL – GUARANTEE OF CONFORMITY
- INFORMATION ON THE RIGHT OF WITHDRAWAL
Pursuant to the laws in force, the Consumer is acknowledged the right to withdraw (so-called right of “reconsideration”), that is the right to dissolve from the contract without specific reasons, to be exercised within 14 working days from the moment in which he/she received the Product. This right may be exercised according to the procedures provided for in Article 9 below.
2. WARRANTY OF CONFORMITY
The Seller, in accordance with the regulations in force (European Directive 44/99/CE and DL. n. 206/2005 c.d. “Consumer Code”) guarantees that the Products purchased are free from material or manufacturing defects and that they conform to the Consumer’s Order and to the descriptions on the Site.
In the event of defects and/or non-conformities, the Consumer shall have the right to obtain the restoration of the conformity of the product by means of repair or replacement of the same by the Seller or the alternative remedies provided for by article 130 of Legislative Decree no. 206/2005.
Such warranty is valid for a period of 2 (two) years from the date in which the Products are delivered to the Consumer. The Consumer loses the right to the guarantee, and therefore the guarantee is not valid, if the Consumer does not report the defect of the Product to the Seller within the term of two months from the date in which he discovered the defect/non-conformity. The guarantee is not applicable when the Products have been used, treated or cleaned in an inappropriate manner or without following the instructions/warnings provided by the Seller.
9 PROTECTION OF CONSUMERS´PERSONAL DATA
9.1. In order to proceed with the registration procedure, place an order and conclude a contract pursuant to the present Conditions of Sale, the Consumer must necessarily provide certain personal data/information without which the Seller is not able to proceed with the sale and delivery of the Products. The Consumer proceeding with the order and/or registering on the Site must view and be aware that the personal data provided shall be registered and used by Paola Venturi SRLS in accordance with and pursuant to the provisions of the laws in force, in particular Legislative Decree n. 196 of 2003 and subsequent amendments and the provisions of the Italian Law. 196 of 2003 and subsequent amendments, and the EU GDPR (General Data Protection Regulation) 2016/679, and gives its consent to the processing of its data by the Seller for purposes related to the execution of the contract (for example: taking charge of the order, delivery of the Products, payments, tax and legal obligations, etc.) to allow navigation on the Site and payments, as well as for any communications relating to new products and marketing initiatives.
9.2. The Consumer declares and guarantees that the data and personal information provided to the Seller during the registration and purchase procedures are true and correct.
9.3. The Consumer has the right at any time to update and/or correct the personal data sent to the Seller via the “My Account” section of the Site in the shop area, which he can access after logging in.
9.5. The Seller adopts, on the basis of the technology in force, the measures aimed at protecting the personal data communicated by the Purchaser, however, due to the characteristics and technological limits relating to the protection of electronic communications via the Internet, the Seller does not guarantee that the information or data displayed by the Purchaser on the Website is not accessible or viewable by unauthorised third parties.
9.6. With regard to the data relating to payments made by credit card, the Seller uses the services provided by Paypal or its own credit card bank, which adopt technological systems to guarantee the highest level of reliability, security, protection and confidentiality for the information transmitted via the web.
10. APPLICABLE LEGISLATION – DISPUTES
For anything not provided for in these Conditions, reference shall be made to the Italian law in force at the time of the Order and the Conditions shall be interpreted in accordance with the same law.
Any disputes that cannot be resolved amicably or out-of-court shall also be settled by the so-called Consumer Court, as provided for by Legislative Decree No. 206 of 6 September 2005, the so-called “Consumer Code” and subsequent additions and amendments.