GENERAL CONDITIONS OF SALE
Before placing orders on the website www.naturalshoes.it it is necessary to read carefully and accept the General Sales Conditions below.
Article 1. The society
The company Naturalshoes Srl, with registered office in Via della Lungaretta, 94, 00153, Rome, VAT number 11900051001, (hereinafter "Naturalshoes") has created and manages the website www.naturalshoes.it, by means of which it is authorized to the sale of its footwear and fashion accessories products (hereinafter the "Products") to users who visit the site (hereinafter "Users"). For any and every complaint about the order, purchase and / or purchased products, Users can contact the customer service which is referred to below: E-mail: info@naturalshoes.it Telephone: 06 5811 190, Address: Via della Lungaretta, 94, 00153, Rome
Article 2. The Website
The site www.naturalshoes.it (hereinafter the "Site") is an e-commerce site accessible via the Internet through the Internet at www.naturalshoes.it The site is accessible by all internet users (hereinafter , "Internet users"). In the context of these General Conditions of Sale (hereinafter "CGV") the term "Parties" will be used to indicate the Users and the Naturalshoes together with the term "Party" one of the two separately. The term "Buyer" will indicate all the Users who have entered an order for the purchase of the Products. The Purchaser will refer to and apply the same rights and obligations provided under the GCS for Users. The sale of the Products through the Site is intended solely for the personal use of Users and not for the purposes of their professional activity. Orders with a delivery address can not be processed at a post office box. Users wishing to purchase on the Site, aware of the civil and criminal liability in case of false declarations, declare to have full legal capacity and to be of legal age for the purposes of Italian law. Every purchase order of Products offered on the Site implies the consultation and the express acceptance of the GCS, without however that such acceptance is conditioned by an autograph signature of the User. In accordance with articles 1321, 1322, 1326, 1335 of the Civil Code, Legislative Decree no. 21/2014, to Legislative Decree no. 185/99, implementing directive 97/7 / CE, and to Presidential Decree 513/97, filling out and sending the order form, as per the following art. 5 "Method of entering and confirming orders", constitutes for all purposes of law a contract of sale between the Naturaleshoes and the User of the Site, from which arise mutual rights and obligations governed by civil law, arising from the online sale of products and from the relations that the Parties establish on the Internet and exclusively on the Site. The User can save and print the GCS, provided they do not make any changes to them. The GCS define all the steps necessary for the realization of an order, as described in article 4 "How to enter and confirm orders" and ensure the execution of the aforementioned order between the Parties. The applicable GFC can be consulted at any time by clicking on the appropriate link. Naturalshoes will be able to update the General Terms and Conditions at any time. These GCS will apply to the exclusion of any other document.
End customer
Naturalshoes.it has created and published the website www.naturalshoes.it with the aim of offering a service exclusively reserved to its customers. The products sold on the site www.naturalshoes.it are intended for the Final Consumer.
For Final Consumer www.naturalshoes.it means a natural person acting for purposes unrelated to his business, professional or legal activity and is not limited to the resale of goods purchased on www.naturalshoes.it.
Naturalshoes.it therefore invites users who are not referable to the category of Final Consumers to abstain, either by trying to establish business relations with www.naturalshoes.it, or by sending purchase orders for goods sold through third parties.
In consideration of the commercial policy described above, Naturalshoes reserves the right not to process orders for goods whose use is not intended for the Final Consumer or orders that do not comply with the commercial policies described above.
Article 3. Products
The Products proposed for sale by Naturalshoes are those listed on the Site at the date of consultation of the same by the Users, within the limits of availability of the stock and reflect the exact availability of each item by size and color. The website is in fact connected, in real time, with all the warehouses of Naturalshoes. The photographs illustrating the Products do not fall within the present contractual framework; therefore Naturalshoes can not be held responsible for any errors and / or discrepancies. Despite the commitment to ensure a faithful reproduction of the colors of the Products represented in the photos published on the Site compared to the original ones, hypotheses of discrepancies are not excluded, in particular due to technical limitations in the color reproduction of colors. Consequently,
Availability of products
The Products are proposed within the limits of the available stocks. In case of unavailability of one of the Products, the Purchaser will be informed promptly. The communication can be notified:
- when creating the order: a window is displayed indicating that the desired product is temporarily unavailable.
- after confirming the order: before delivery, by e-mail or by phone.
If the unavailability of a product is contested after the confirmation of the order, the Buyer will have the possibility to cancel the order requesting the reimbursement of the sums paid of the unavailable products no later than 14 (fourteen) days from their withdrawal or the replacement of the Product (s) not available via e-mail. Naturalshoes declines any responsibility in case of exhaustion of goods or unavailability of the Products. When the Website User places the order, he / she has the right to view all the Products that can be purchased online. Retention of title The products ordered remain the property of Naturalshoes until the complete collection of the price by the latter and when the Products will be delivered and received materially by the Purchaser. In case of payment irregularities, the Purchaser undertakes to return the products received to Naturalshoes, at the first request. On the other hand, at the effective date of delivery, the risks (specifically related to loss, theft or damage) regarding the delivered products are to be borne by the Purchaser.
Article 4. Prices and Payments
Prices The prices of the Products are indicated in Euros and include VAT applicable on the date of the order. The price charged to the Buyer is the price stated on the Order Confirmation sent by e-mail from Naturalshoes. The set price includes packaging costs, which are free for Users; but not the shipping ones that will be borne by the Purchaser, as well as those for a delivery different from the one normally guaranteed, subject to any promotions related to the free delivery. Naturalshoes reserves the right, that the User accepts, to modify at any time the prices published on the Site. In any case, the price of the Products, subject to availability, will be charged on the basis of the rates indicated at the time of registration of the order . The rate in force will be that indicated on the Site, except in the case of errors in the price of the Products, in which case Naturalshoes will promptly inform the Buyer and will give him the option to reconfirm his order at the correct amount or cancel it; in the event of non-reconfirmation, the order will be canceled and the entire amount paid will be refunded to the Purchaser.
Payments
All payments must be made immediately on the Internet. Unless the server is available, Website Users can pay by credit card. In order to avoid and reduce the risk of unauthorized access, the card data will be encrypted. In compliance with the legislation in force, every purchase made through the website will be subject to Value Added Tax (VAT), in accordance with the Italian legislation in force and with Chapter I of Title V of Directive 2006/112 / EC of the Council of 28 November 2006 on the common system of value added tax (VAT), whereby deliveries will be deemed to be located in the Member State which appears on the delivery address for the articles,
Article 5. Method of insertion and confirmation of order
Browsing within the Site Users can view and select the various products marketed by Naturalshoes at the following address: www.naturalshoes.it. Users can consult the various pages of the site for free, without any obligation to purchase.
Insert an order
If a User wishes to insert a purchase order, he must choose the various Products of his interest by clicking on the "add to cart" button. Each new Product added to your cart will be indicated by a specific window. Users of the Site at any time can:
- display a summary of the selected products or change the order by clicking on the "Shopping Cart" button, located at the top right of each page,
- continue to select the Products by clicking on "Continue shopping",
- complete the selection of products and place the order by clicking on "Proceed to cart".
To order the selected Products, Users must click on the "View Cart" button. A summary of your order will appear on the screen. If the list that appears will correspond to the chosen Products, Users must validate their choice by clicking on the "Proceed to Cart" button. The User must identify himself: by entering his e-mail address and password, if he is already registered on the Website; otherwise, he / she must / can register or place his / her order without registering on the Site. The User is aware of and accepts that the inclusion of his / her username constitutes proof of his / her identity and consent. In case of new registration, the User undertakes to complete the registration form made available to him in good faith and acknowledges that the data communicated and recorded on the Naturalshoes information sites are accurate and valid as proof of his identity. In order to complete the order, the User must strictly proceed to all the steps listed in this paragraph. The user, using this website and / or making orders through it, agrees to make use of the website only to make consultations or valid orders and not, therefore, make false or fraudulent orders which will, therefore, be subject to cancellation by Naturalshoes. Final validation of an order The User must click on the "I accept the General Conditions of Sale" box before proceeding to choose the payment method. Users are invited to enter credit card details. Orders are validated after entering your card information. Through the acceptance, even if only partial, of the order by Naturalshoes, the contract between the latter and the User / Purchaser will be considered perfected. Naturalshoes reserves the right, at its sole discretion, to accept the order. Acceptance is considered tacit, if not otherwise communicated in any manner to the User. Any right of the User to compensation for damages or compensation is excluded, as well as any contractual or non-contractual liability for direct or indirect damages to persons and / or things, caused by non-acceptance,
Confirm an order
Once the Buyer has validated his order and the provision for the relative payment, a summary window will appear showing the transaction number, the receipt of the order (hereinafter the "Order Confirmation") and the confirmation that it is being shipped (hereinafter the "Shipping Confirmation"). This confirmation will also be sent to the Purchaser in the order confirmation sent by e-mail. The aforesaid confirmation will include all the elements constituting the contract established between the Parties, including the Products requested, the payment provisions, the delivery provisions, the address of the Naturalshoes office to which any complaints may be sent, as per Article 1 of the present CGV. In any case, it is advisable to keep a copy (electronic or paper) of the information concerning the order. The data recorded and collected on the Site constitute full proof of all transactions concluded between the Purchaser and Naturalshoes. In the event of a dispute between Naturalshoes and the Purchaser regarding a transaction performed on the Site, the data recorded by Naturalshoes will constitute full proof of the contents and the transaction. Naturalshoes retains a copy of the contract stipulated between Naturalshoes and the Purchaser in electronic form, for a period from the conclusion of the contract to the date of delivery of the goods and for ten successive years. The Purchaser is authorized to access this written copy at any time by sending an e-mail to the address: info @ naturalshoes.
Article 6. Delivery Method and delivery times
Orders are sent within the time limit indicated in the Order Confirmation and, in any case, no later than thirty (30) working days from the day following receipt of the Order Confirmation e-mail. The products ordered by a Purchaser will be delivered to the address stated on the order form. In case of absence of the Purchaser, the Products object of the order will be sent to the chosen deposit by Naturalshoes and will be left to the Buyer a notice in which the place where the products covered by his order will be specified and how agree on a new delivery. If the delivery can not take place for reasons not attributable to Naturalshoes after 15 days from the date on which the order is available for delivery, the Contract will be terminated and the Purchaser will be promptly returned all the amounts paid, including delivery costs (with the exclusion of any additional costs resulting from the choice, a method of delivery different from the ordinary method and except additional costs of transport deriving from the termination of the Contract) and, in any case, within 14 days from the date of termination of the Contract. It is specified that deliveries are not made on Saturdays, Sundays and holidays and that delivery will be made by acquiring, by the Buyer or a third party indicated by him, the material availability of the products, which will be tested by signing the order receipt to the agreed shipping address. Delivery problems In case of delayed delivery, the Purchaser will be required to inform Naturalshoes customer service as soon as possible, by writing an e-mail to: info@naturalshoes.it or by contacting the addresses referred to in Article 1 of these GCS. Naturalshoes undertakes to contact the transport company for verification. The duration of the verification is not foreseeable. In the event of failure to comply with the terms of delivery or that which may be granted, the Purchaser is entitled to terminate this contract in accordance with Article 61 of Legislative Decree no. 21/2014, with the consequent reimbursement of everything spent, without prejudice to the fact that Naturalshoes will inform the Purchaser in advance of the delay in order to ascertain whether the latter is willing to accept the delay and postpone the delivery. Furthermore, it is specified that the risks of transport are borne by the Purchaser, as well as those related to the loss or damage of the Products since the latter acquires physical possession. After receipt of the Products ordered, the Purchaser is required to verify that the Products correspond to those ordered. In order to check for any anomalies that may be found (missing or damaged products, damaged packaging, tearing, etc.), the User may collect the Products subject to verification and, in case of positive assessment of these facts, must be indicated within 24 hours from the Buyer on the form sent with the order and must be communicated to Naturalshoes customer service, by sending an e-mail to: info @ naturalshoes. it or by contacting Naturalshoes by means of the contact details referred to in Article 1 of these GCS, specifying for which product anomalies have been found. All complaints not reported or sent within 24 hours of delivery of the products will be refused and Naturalshoes will not be held responsible. Naturalshoes will not be held responsible in case of loss, sending to an incorrect or delayed delivery address of a Product, to the extent that the risks related to the transport chosen by the Purchaser are to be paid by the same. It is mandatory to provide personal data related to the delivery, as they are necessary to process and send orders, as well as to prepare the invoice. These personal data are strictly confidential. Not providing such personal information makes it impossible to proceed with the order.
Article 7. Right of withdrawal and return of assets
In full compliance with the provisions of Article 49, paragraph 1), letter h) of Legislative Decree no. 21/2014, the Purchaser has a deadline of 14 (fourteen) working days to return, at its expense, the Products if they do not satisfy and keep the Products up to that time. This term runs from the day of delivery of the order. In case of ascertained violation of the provisions of article 49, paragraph 1), letter h) of Legislative Decree no. 21/2014, pursuant to article 53 of the aforementioned Legislative Decree, the guaranteed withdrawal period to the Purchaser will be extended to twelve months following the initial withdrawal deadline. Naturalshoes may provide the Purchaser with the information referred to in Article 49 above within twelve months of the ascertained violation and the right of withdrawal will terminate fourteen days following the day on which the Purchaser has received such information. In case of purchase of several Products, delivered at different times, the above term will start from the receipt of the last item covered by the Purchase Order.
Instructions for the exercise of withdrawal in the cases provided for by the Consumer Code
In compliance with the provisions of the Consumer Code, the Consumer has the right to withdraw from the Contract, according to the procedures and timelines provided for in this Section.
If it intends to make use of this right of withdrawal, the Consumer shall provide within 14 (fourteen) working days from the date of delivery of the Naturalshoes Product to the sending of specific communication (without the need to specify any reasons), to be sent by registered letter with notice of receipt, or by fax or e-mail provided it is confirmed by registered letter with acknowledgment of receipt within 48 (forty-eight) hours, to the addresses indicated below.
In case of exercise of the right of withdrawal, the Consumer will be required to return the product Naturalshoes to the addresses indicated below within the same term of 14 (fourteen) days from the date of delivery of the article.
The substantial integrity of the good to be returned is an essential condition for exercising the right of withdrawal. It is however sufficient that the property is returned in normal state of conservation, as it has been stored and possibly used with the use of normal diligence.
The withdrawal notice must be addressed to:
Naturalshoes srl
Via della Lungaretta 94 - 00153 (RM)
Tel: 06 5811190
E-Mail: christian@naturalshoes.it
The articles must be returned to:
Naturalshoes srl
Via della Lungaretta 94 - 00153 (RM)
Consequences of withdrawal
If the Consumer has exercised his right of withdrawal in accordance with the aforementioned provisions, the services already received by the Consumer and / or Naturalshoes must be returned. The reimbursement of the price paid by the Consumer will be made by Naturalshoes, provided that the product Naturalshoes has been returned by the Consumer within 100 (one hundred) days from the date of receipt by Naturalshoes of the communication of exercise of withdrawal or, if antecedent, from date on which Naturalshoes received the Naturalshoes product returned by the Consumer. The risks related to the destruction or damage of the Naturalshoes Products during the shipment are reimbursed by the Customer, it being understood that in such eventuality, Naturalshoes products will not be considered intact and the withdrawal will not be effective. The shipping costs related to the return of the product Naturalshoes are borne by Naturalshoes, provided that, for the purposes of returning the product Naturalshoes, the Consumer uses the label sent by Naturalshoes and included in the package used for shipping the Product Naturalshoes.
Instructions for the exercise of the right of withdrawal extended for the consumer
As of the expiration of the term of 14 (fourteen) working days for the exercise of the right of withdrawal provided by the Consumer Code and in addition to the provisions of this last, the Consumer will retain the right to withdraw from the Contract for the 90 (ninety) days immediately following.
In the event that the Consumer intends to exercise the right of withdrawal, the Naturalshoes Products must be returned:
- properly packaged in their original packaging
- in perfect state of resale (not damaged, damaged or dirty)
- equipped with any accessories, instructions for use and documentation
- with the transport document (present in the original packaging), in order to allow Naturalshoes to identify the Consumer (order number, name, surname and address)
- without manifest signs of use, if not those compatible with the carrying out of a normal test of the article. In other words, they must not bear any prolonged use (over a few minutes) exceeding the time required for a test and must not be in a state that does not allow them to be resold.
If the returned Product does not comply with the provisions of the previous paragraph, the withdrawal will not be effective.
NaturalShoes will start the reimbursement procedure for the price of the product for which the withdrawal has been exercised and, where foreseen, shipping costs, within 14 days from receipt of the email with the notice of withdrawal or from the receipt of the product, provided that everything happens in the terms indicated above.
Articolo 8. Legal Warranty
The Legal Guarantee of conformity is governed by articles 128 and following. Of the Consumer Code in favor of the consumer, who buys products for personal use (or for purposes unrelated to his professional or entrepreneurial activity) that show conformity defects. The lack of conformity, subject to the Legal Guarantee of conformity, exists if the purchased product is faulty or does not allow the use to which goods of the same type are normally used, or is a product not in conformity with the description given by the seller. The Legal Warranty of conformity does not cover product defects resulting from normal wear and tear, abnormal or improper use, from accidental events (eg fall) and in any case caused to the product itself, nor does it cover defects resulting from repairs carried out according to methods or by unauthorized centers. In the presence of a lack of conformity, existing at the time of delivery of the asset: In the first place, the Purchaser has the right to obtain the restoration, without charge, of the conformity of the goods by repair or replacement. The Purchaser, at his option, can ask Naturalshoes to repair the good or replace it, unless the remedy requested is objectively impossible or excessively expensive compared to the other. Repairs or replacements must be made within a reasonable time from the request. Secondarily (where the first two remedies are impossible or excessively burdensome, or have not been realized within congruous terms, or inconveniences), the Purchaser may request, at his choice, a reasonable price reduction, which must take into account the use that has been made of the product, or the termination of the contract. Any conventional warranties, additional to the Legal Compliance Guarantee provided by the manufacturer or retailer, do not replace or limit the rights deriving from the legal guarantee of conformity. The legal guarantee of conformity covers the conformity defects that have occurred within the two years from the delivery of the purchased product, provided that such defects are reported by the consumer within two months from the date on which they were discovered and on condition that the Purchaser has a proof of purchase (fiscal receipt or speaking receipt) with explicit indication of the Product. or termination of the contract. Any conventional warranties, additional to the Legal Compliance Guarantee provided by the manufacturer or retailer, do not replace or limit the rights deriving from the legal guarantee of conformity. The legal guarantee of conformity covers the conformity defects that have occurred within the two years from the delivery of the purchased product, provided that such defects are reported by the consumer within two months from the date on which they were discovered and on condition that the Purchaser has a proof of purchase (fiscal receipt or speaking receipt) with explicit indication of the Product. or termination of the contract. Any conventional warranties, additional to the Legal Compliance Guarantee provided by the manufacturer or retailer, do not replace or limit the rights deriving from the legal guarantee of conformity. The legal guarantee of conformity covers the conformity defects that have occurred within the two years from the delivery of the purchased product, provided that such defects are reported by the consumer within two months from the date on which they were discovered and on condition that the Purchaser has a proof of purchase (fiscal receipt or speaking receipt) with explicit indication of the Product. they do not substitute or limit the rights deriving from the legal guarantee of conformity. The legal guarantee of conformity covers the conformity defects that have occurred within the two years from the delivery of the purchased product, provided that such defects are reported by the consumer within two months from the date on which they were discovered and on condition that the Purchaser has a proof of purchase (fiscal receipt or speaking receipt) with explicit indication of the Product. they do not substitute or limit the rights deriving from the legal guarantee of conformity. The legal guarantee of conformity covers the conformity defects that have occurred within the two years from the delivery of the purchased product, provided that such defects are reported by the consumer within two months from the date on which they were discovered and on condition that the Purchaser has a proof of purchase (fiscal receipt or speaking receipt) with explicit indication of the Product.
Article 9. Force majeure
Neither party will be liable for the total or partial non-performance or for the delay in the performance of its obligations under this contract that are caused by an event that can not be prevented (hereinafter referred to as "Force Majeure"). Force Majeure events may include, but are not limited to, wars, riots, insurrections, serious disturbance of Internet security, technical failures, unauthorized access and / or intrusion into web site servers, strikes of any form, phone. If a Party assumes that a Force Majeure event has occurred, it must inform the other party within 5 working days of the occurrence of the occurrence or the risk of the occurrence of such occurrence. The Parties agree to meet in order to jointly determine the terms and conditions for the completion of orders during the presence of a Force Majeure event. After 1 (one) month of interruption due to a Force Majeure event, Naturalshoes may choose to cancel orders and reimburse the Purchaser, where due.
Article 10. Protection of personal data
The inclusion of personal information collected in the context of distance selling is mandatory, as this information is necessary for the purposes of evasion and delivery of orders, as well as for the issuance of invoices. This information is strictly confidential. Failure to enter will result in automatic rejection of the order. In accordance with the law n. 78-17 of 6 January 1978 on information technology, files and freedoms, the processing of personal information collected on the Site has been the subject of a declaration to the National Commission for IT and Freedoms. The User has a right to access, modify, rectify and delete data concerning him. To exercise this right, the User must send an email to the address: info @ naturalshoes.
Article 11. Partial invalidity
If one or more clauses of the GCS are deemed invalid or will be declared as such by law, regulation or by virtue of a final sentence, all other clauses will remain fully valid.
Article 12. Full contract
These GCS and the entire summary sent to the Purchaser form an integral part of the contractual relationships between the Parties. In case of discrepancy between the aforementioned documents, the GCS will prevail.
Article 13. Applicable law and jurisdiction
The Italian law applies to the GC and the contractual relationships between Naturalshoes and the Purchaser. For any controversy that may arise regarding the interpretation and / or execution of this contract, the Court of Rome will have exclusive jurisdiction.
Article 14. Changes to this information
Notwithstanding that Naturalshoes in any case does not proceed to processing operations other than those expressly authorized and / or requested by each User, this information may be amended to comply with new legal provisions or changes in data processing policies of Naturalshoes. Each updated version of this information will be made available on the Site in the dedicated section: Naturalshoes therefore invites all Users to periodically consult the Site to be always informed of the latest version uploaded.