TERMS AND CONDITIONS
These Terms and Conditions govern the sale of products through the website www.hiceshoes.com by the company Calzaturificio Creative S.r.l. with registered office in Via Ciarrocchi 46/B, 62023 Civitanova Marche (MC), ITALY, VAT no. 01446830430. The Client should carefully read this document before proceeding with any purchase, as well as print and keep it after the purchase. By making any purchase, the Client fully accepts the Terms and Conditions, since the acceptance is a mandatory step before sending the order.
CONCLUSION OF THE CONTRACT
The Client selects the products and the related quantity, the payment methods and the shipping address.
Once the order is complete and before the final submission, the Client can check the order and correct any mistake in the Summary of the Orderpage, which lists the type, quantity and price of the selected product, any applicable shipping costs, the payment methods, the address where the product will be delivered and the information about the existence of the right of withdrawal.
The sales contract is concluded with the receipt by Crreative of the Client's order.
Upon receipt of the order, the Client receives an Order Confirmation e-mail with all purchase related data.
PRICES AND AVAILABILITY OF PRODUCTS
All prices of the products displayed in the www.hiceshoes.com website are in Euros and include VAT.
Shipping costs, which are not included in the purchase price, are indicated and calculated in the checkout process before sending the order and are also contained in the Summary of the Order page and in the Order Confirmation e-mail.
PAYMENT AND REFUND METHODS
Any payment by the Client can be made using one of the methods indicated in the website.
Any refund will be sent to the Client in a timely manner and using the same payment method used by the Client for the initial transaction.
DELIVERY TIMES AND RATES
The products are delivered to the address indicated by the Client.
The products are shipped within 7 days from the receipt of the Order Confirmation. In the event that the shipment cannot be made within that period, the Client will be given a timely notice via e-mail.
5. CONSUMER S' RIGHTS AND WARRANTIES
The following article 6 concerning the right of withdrawal and article 7 concerning the conformity warranties apply only if the Client purchases as a consumer.
A Consumer is the natural person acting outside the scope of an economic activity (trade, business, craft or liberal profession).
6. RIGHT OF WITHDRAWAL
The Client is entitled to withdraw from the contract within 14 days from the day of receiving the product. In the case of multiple products ordered by the purchaser in one order and delivered separately, or in the case of a product consisting of multiple lots or pieces, the withdrawal period shall expire after 14 days from the day the Client receives the latest product or the last lot or piece.
To exercise the right of withdrawal, the Client is required to inform Creative of the decision to withdraw with a notice including the purchase data (name, surname, purchased product, no. of the order, date of receipt of the product). Such notice shall be sent, before the given deadline, by e-mail at email@example.com. In any case, the Client will be immediately informed by e-mail of the receipt of such a withdrawal.
In case of exercising the right of withdrawal, the Client has to return the purchased products, without undue delay and in any case within 14 days to the following address:
CALZATURIFICIO CREATIVE S.R.L.
VIA CIARROCCHI 46/B
62023 CIVITANOVA MARCHE (MC)
The costs related to the return of products will be borne only by the Client.
The shipment of the products, until the receipt at the address indicated, will be at the sole responsibility of the Client; therefore, we recommend that you insure the shipment. Creative will not be liable in any way for damage, theft or loss occurred during transport. In such cases, Creative will return the purchased product to the sender, charging him the shipping costs and, when already refunded, the price of the product.
For the withdrawal right to be effective, the products must be returned intact, complete of all their parts and in original packaging, and can be used only for the time necessary to establish and verify design, characteristics and size, according to reasonable diligence, without any signs of wear or dirt. The Client is liable for any diminished value of the products.
The right of withdrawal will not be recognized in case Creative verifies that:
the products are not complete of all their parts (ex. closures, laces, buckles, etc.);
the products were not shipped in their original packaging;
In such cases, Creative will return the products to the sender, charging him the shipping costs and, when already refunded, the entire price of the product.
In case of exercise the right of withdrawal, Creative will refund the payments received from the Client without undue delay from the day on which it is informed of the Client's decision. In any case, Creative may withhold the reimbursement until the returned product is received and verified, or until the Client has supplied evidence of having sent back the goods, whichever is the earliest. The Client will be refunded the amount paid using the same payment method used by the Client for the initial transaction, unless the Client has expressly agreed otherwise; in any case, the Client will not incur any costs as a result of this reimbursement.
In case of exercise the right of withdrawal from a non-EU country, the reimbursement will be equivalent to the price of the product and it will not include shipping costs and custom duties and charges.
7. WARRANTY OF CONFORMITY
The Seller guarantees the Client for the lack of conformity existing at the time of delivery of the product that occurs within two years from the delivery of the product. The Client forfeits all rights if the Seller is not notified of the lack of conformity within two months from the date on which the defect was discovered.
This warranty does not include any malfunctions, defects or faults which are the consequence of facts, wear or responsibility of the Client, or use of the product not in accordance with its intended use and/or provisions in the description accompanying the product or as indicated by the Seller.
It is assumed that the products comply with the contract if they:
are fit for the purpose for which products of the same type are normally used;
comply with the description given by the seller and possess the qualities of the product which the Seller has held out to the buyer as a sample or model;
show the quality and performance which are normal in a product of the same type, which the buyer can reasonably expect, given the nature of the product and, where appropriate, of the statements contained in advertising or on labelling;
are fit for any particular purpose for which the Client requires them and which he made known to the seller at the time of conclusion of the contract and which the seller has accepted
In order to take advantage of the Legal Warranty, the Client must first provide proof of the date of purchase and of the delivery of the products. To this end, the Client should keep the purchase invoice, purchase receipt or any other document that certifies the date of purchase and the date of delivery.
In case of lack of conformity, the Client shall contact the Customer Service at firstname.lastname@example.org, which will provide instructions to follow. Creative reserves the right to ask the Client to include, in his request for warranty, detailed photos of the product, the purchase invoice and/or other document proving the date of conclusion of purchase and the delivery date. Creative will verify the defect complained and will communicate the result to the Client, requesting the return of the product if needed. In this case, the product must be sent to the following address, according to the instructions provided by the Customer Service:
CALZATURIFICIO CREATIVE S.R.L.
VIA CIARROCCHI 46/B
62023 CIVITANOVA MARCHE (MC)
The shipping costs related to the return of products (including any customs charges, if any) will be borne only by the Client.
In the event that the lack of conformity is confirmed, the Client may request the repair or replacement of the product purchased, unless the remedy requested is objectively impossible or disproportionate. Repairs and replacements shall be made by the seller within a reasonable time agreed with the Client.
Should Creative, for any reason, not be able to provide the Client with a product under the warranty (repaired or replaced), or should repair or replacement be excessively burdensome, due to the value of the product, Creative may proceed by applying an appropriate discount on the price paid, or by refunding the whole amount paid and terminating the contract. In any case, a minor defect, for which it was not possible or is excessively burdensome to carry out the remedies of repair or replacement, does not entitle the Client to terminate the contract.
8. LIMITATION OF LIABILITY
Creative assumes no liability for exceptional circumstances that prevent it from executing the order within the time stipulated in the agreement.
Creative cannot be held liable to the Client, except in cases of intentional misconduct or gross negligence, for outages or malfunctions related to the use of the Internet that are outside of its control or of its sub-contractors.
Creative assumes no liability for any fraudulent or illegal use that may be made by third parties, of credit cards, checks and other means of payment, at the act of payment for the products purchased, if it proves that it has taken all possible precautions based on the best knowledge and experience of the moment and based on due diligence.
10. STORAGE OF CONTRACT
11. APPLICABLE LAW AND JURISDICTION
These Terms and Conditions are governed by Italian law and the application of the United Nations Convention on Contracts for the International Sale of Goods is excluded.
Any dispute arising from this contract shall be submitted to the jurisdiction of the Courts in the place of residence of the Client. In case the Client is not a consumer, the competent court will be the Court of Macerata.
12. MODIFICATIONS OF TERMS AND CONDITIONS
Creative reserves the right to modify these Terms and Conditions at any time. The Client is subject to the Terms and Conditions from time to time in force at the time of ordering.
If any provision of these Terms and Conditions is considered invalid, null or for any reason unenforceable, that condition shall not affect the validity and enforceability of the other provisions.
13. COMMUNICATIONS AND CLAIMS
Direct written communications to Creative and potential complaints will be considered valid only if sent to the following address: via Ciarrocchi 46/B, 62023 Civitanova Marche (MC) or sent via e-mail to the following address: email@example.com
This document is drawn up in two versions: Italian and English. In case of any discrepancy in the translation, the Italian language version will prevail.
15. ALTERNATIVE DISPUTE RESOLUTION - ODR
We inform the Client that a European platform for online dispute resolution for consumer disputes (so called “ODR platform”) has been established. The ODR platform is available at the following address http://ec.europa.eu/consumers/odr/; through the platform, the Client may find a list of the ADR entities and relevant link to their websites, as well as start an online dispute resolution procedure for resolving your dispute.
In any case, regardless the outcome of the of the out-of-court settlement procedure, the Client has the right to turn to ordinary courts, and, where applicable, to start an out-of-court dispute resolution procedure pursuant to Chapter V, Title II-bis of the Consumer Code.
The Client residing in an EU Member State other than Italy, can also access, for any dispute relating to the application, execution and interpretation of these Terms and Conditions, the European proceedings for small claims, set up by Regulation (EC) no. 861/2007 of the Council of 11 July 2007, provided that the amount of the dispute does not exceed, excluding interest, fees and expenses, Eur 2.000,00. The text of the regulation is available on the Website www.eur-lex.europa.eu.
Last modified: October 2018