The expression "online sales contract" refers to the purchase and sale contract relating to the Supplier's tangible movable property, stipulated between the latter and the Purchaser within the framework of a distance sales system using telematic means, organised by the Supplier.
By the expression "Purchaser" is meant the consumer who makes the purchase, referred to in this contract, for purposes not related to the commercial or professional activity possibly carried out.
By the expression "Supplier" is meant the person who carries out the sale of the goods covered by this contract.
2) IDENTIFICATION AND OBLIGATIONS OF THE SUPPLIER PARTIES
The goods covered by these general conditions are offered for sale by Harris Shoes 1913 s.r.l. with registered office in via G.Falcone,4 registered with the Chamber of Commerce of Florence at no. 417063 of the Register of Companies, tax code and VAT no. 04098090485
It expressly declares to make the purchase for purposes unrelated to the commercial or professional activity carried out and undertakes not to trade in the purchased goods.
3) SUBJECT AND CONCLUSION OF THE CONTRACT
With this contract, respectively, the Supplier sells and the Purchaser buys at a distance through telematic means only the tangible movable goods indicated and offered for sale on this site.
The contract between the Supplier and the Purchaser is concluded exclusively through the Internet through the Purchaser's access to the address of this site, where, following the procedures indicated, the Purchaser will formalize the proposal for the purchase of the goods offered for sale.
The purchase contract is concluded by means of an irrevocable order by the Purchaser by filling in and sending the order form online, which will be displayed on the order summary web page, printable, in which the details of the ordering party and the order, the price of the goods purchased and the shipping costs, the methods and terms of payment, the address where the goods will be delivered. When the Supplier receives the order from the Purchaser, he will send an e-mail confirmation and/or display a web page confirming and summarizing the order, which can be printed, in which the data entered by the Purchaser in the order form are also reported. The contract is considered completed and effective between the parties only with the execution of the order and the issue of the relative invoice, with the Supplier having the possibility, until that moment, to refuse the order. The sales invoice will be issued by Harris Shoes 1913 s.r.l. in paper form and inserted inside the package containing the products ordered.
4) PAYMENT AND REFUND MODALITIES
The Supplier accepts only the advance payment of the products ordered by means of the main Credit Cards (Mastercard and Visa circuits) and PayPal. Credit card data are managed directly by IW Bank or other banks, specialized in the management of on-line payments; PayPal data are managed directly by PayPal. The information is encrypted using the latest generation of encryption systems that prevent its use by third parties and is sent directly to the bank. The Supplier reserves the right to make a request to the bank issuing the card to verify the authenticity of the ownership of the card or to PayPal in case of problems. At the end of this verification, in the event of a positive outcome, the procedure will proceed to the conclusion of the contract and the delivery of the order placed, if there are no further impediments. Any refund to the Purchaser, if he is entitled to it, will be credited by reversal of payment by credit card or PayPal, at the latest within 30 days of the date on which the Supplier becomes aware of the cause giving rise to the right to reimbursement.
5) DELIVERY TIME AND METHOD OF DELIVERY
The Supplier will deliver the products ordered by couriers DHL, GLS Executive, SDA, BRT . Order processing times may vary, from the same day of the order to a maximum of 7 working days, within which the invoice will be issued and consequently the order accepted, with the start of execution of the same. In the event that the Supplier is not able to carry out the shipment within this term, the Purchaser will be promptly notified by e-mail, indicating the term within which the order will be carried out. Delivery times may vary depending on the country of destination and other factors not directly controllable by the Supplier and not attributable to it.
6) SHIPPING AND DELIVERY EXPENDITURE
The Supplier ships with the DDP (Delivery Duty Paid) formula in the EC countries, therefore in these destinations the goods will arrive directly to the indicated delivery place without having to pay more than what has already been paid at the time the order is sent. For all other countries the DDU (Delivery Duty Unpaid) formula is used, so the courier may come with a separate invoice requesting payment of duties and taxes required by the local authorities. The Purchaser residing in a country outside the EC is advised to inquire about local taxes and duties before placing an order with the Supplier.
7) GOODS INSURANCE AND LIABILITY OF THE SUPPLIER
The Supplier insures the products against theft and accidental damage from the moment of delivery to the courier until they reach their destination. The Supplier, therefore, is not obliged to replace or accredit material that has been tampered with, damaged or lost during transport.
All sales prices of the products displayed and indicated on this website are expressed in euro (€) and constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code, and include VAT and any other tax for delivery within the territories of an EC country. For deliveries to countries outside the EC, as specified in point 6), the courier may request additional amounts from the Buyer for local taxes and duties. The shipping costs will be indicated and calculated in the purchase procedure before the order is placed by the Buyer and also contained in the order summary web page. The prices indicated for each of the goods offered to the public are valid until the moment the order is placed and indicated on the order summary web page. Therefore, the prices and conditions may be changed by the Supplier at any time and for the Purchaser what appears on the order summary web page will be considered as the proof.
9) AVAILABILITY OF THE PRODUCTS
The Supplier ensures through the telematic system used the processing and execution of orders without delay. Should an order exceed the quantity existing in the warehouse, the Supplier, by e-mail, will inform the Purchaser if the goods are no longer bookable or what the waiting time for the chosen goods is, asking if he intends to confirm the order or not. The Supplier's computer system confirms the registration of the order as soon as possible by sending the user a confirmation by e-mail, which does not produce any legal obligation, since it is a simple summary of the order.
10) LIMITATIONS OF RESPONSIBILITY
The Supplier does not assume any responsibility for inefficiencies attributable to force majeure, in the event it is unable to execute the order in the time provided for in the contract. The Supplier shall not be liable to the Purchaser, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions connected to the use of the internet network beyond his control or that of his sub-suppliers. Furthermore, the Supplier shall not be liable for damages, losses and costs suffered by the Purchaser as a result of non-performance of the contract for reasons not attributable to him, the Purchaser being entitled only to the full refund of the price paid. The Supplier does not assume any responsibility for any fraudulent or illegal use that may be made by third parties of credit cards when paying for the products purchased, if he can prove that he has taken all possible precautions at the time and in accordance with ordinary diligence.
11) LIABILITY FOR DEFECTS, Evidence OF DAMAGE AND RESARCHABLE DAMAGES: THE OBLIGATIONS OF THE SUPPLIER
The Supplier cannot be held liable for the consequences deriving from a defective product if the defect is due to the conformity of the product, to an imperative legal norm or to a binding measure, or if the state of scientific and technical knowledge, at the time the manufacturer put the product into circulation, did not yet allow the product to be considered as defective. No compensation shall be due if the injured party was aware of the defect in the product and the resulting danger and nevertheless voluntarily exposed himself/herself to it. In any case the damaged party must prove the defect, the damage and the causal connection between defect and damage. The damaged party may claim compensation for damages caused by death or personal injury or by the destruction or deterioration of something other than the defective product, provided that it is of a type normally intended for private use or consumption and thus mainly used by the damaged party. The damage to property referred to in art. 123 of the Consumer Code shall, however, be refundable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (387 euros).
12) WARRANTIES AND WAYS OF ASSISTANCE
The Supplier is liable for any defect or defect in the product and attributable to him, provided that such defect or defect has been reported by registered letter with return receipt to Harris Shoes 1913 s.r.l. via G. Falcone, 4 Fucecchio (FI) or sent by fax to +39 0571242726, or sent by e-mail to the following address [email protected] within eight days of delivery. The complaint is not necessary if the seller has acknowledged the existence of the defect or has concealed it.
13) BUYER'S OBLIGATIONS
The Buyer undertakes to pay the price of the goods purchased in the time and manner indicated in the Contract. The Buyer undertakes, once the online purchase procedure has been completed, to print and store the web page containing the order data. The information contained in this contract has, however, already been viewed and accepted by the Buyer, who acknowledges it, as at the time of finalization of the order a reference to this web page is shown.
14) RIGHT OF WITHDRAWAL
the Customer may withdraw from the Conditions and therefore from the purchase contract for any reason, without giving reasons and without penalty, within 10 (ten) days from the date of receipt of the products. In order to exercise the right of withdrawal, the customer must send HARRIS a notice to this effect within the specified time limits to the following email address [email protected] . In case of withdrawal the Customer shall return the products at his own expense within 10 (ten) days from the withdrawal to the following address: HARRIS SHOES, VIA SPINETTI 10, FORTE DEI MARMI (LU) 55042 The goods must be returned intact, complete with all its parts and in their original packaging (envelopes and packaging), kept and, if necessary, used for the time strictly necessary to establish and verify their nature, characteristics and size, according to normal diligence, without any signs of wear or dirt. The only expenses owed by the purchaser for the exercise of the right of withdrawal under this article are the direct costs of return to the Supplier. To this end, please note that fine leather products delivered outside of Italy may be returned only if accompanied by a ''cites'' certificate issued by the competent body. The Buyer who must return this type of goods is advised to consult the competent bodies before shipping. Goods not regularly returned to customs will be refused and not refunded. The Supplier will refund the amount due to the Purchaser following withdrawal within 30 (thirty) days from receipt of the withdrawal notice provided that within this term the goods have been returned in their original condition and not worn. The Buyer shall send the returned goods to the following address: Harris shoes 1913 s.r.l via G. Falcone 4, 50054 Fucecchio (FI).
15) EXCHANGE OF GOODS
The Supplier also grants the Purchaser the right to exchange goods for size or for any defect always within the same article. To obtain an exchange of goods, the Purchaser must always fill in the form in the area reserved for him on this website within 10 (ten) working days from the day of receipt, indicating the code of the item(s) to be exchanged and the size he would like to obtain as a replacement. Upon receipt of the request the Harris Customer Service Department will send the Buyer a written confirmation containing the merchandise exchange authorization number. The Buyer shall indicate this merchandise exchange authorization number on the label attached to the package of products to be returned. In any case, the transport costs for the exchange shall be borne by the Buyer. The Supplier will bear only the costs necessary to send the product you have requested in return. The Supplier reserves the right to request photographic evidence before authorizing returns or exchanges for allegedly defective products. In the event they are defective, the Supplier will also bear the costs necessary to return the products to its warehouses. We do not accept changes or returns of products that have been tampered with, worn, washed or otherwise altered. It will be the Buyer's responsibility to ensure the transport of the returned goods for exchange; in case of theft or loss the goods will not be refunded. We do not accept returns of items on sale or custom made items.
16) PROTECTION OF CONFIDENTIALITY AND TREATMENT OF THE BUYER'S DATA
The Supplier protects the privacy of its Purchasers and guarantees that the processing of data complies with the provisions of the privacy legislation pursuant to Legislative Decree no. 196 of 30 June 2003. The personal and fiscal data acquired directly and/or through third parties by the Supplier in charge of the treatment, are collected and treated in paper, computer, telematic form, in relation to the methods of treatment with the purpose of registering the order and activate the procedures for the execution of this contract and the necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow an effective management of business relationships to the extent necessary to better perform the service required (art. 24, paragraph 1, letter b, Legislative Decree no. 196/2003). The Supplier undertakes to treat the data and information transmitted by the Purchaser confidentially and not to disclose them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to pass them on to third parties. Such data may be produced only at the request of a judicial authority or other authorities authorised by law. The personal data will be communicated, after signing a commitment of confidentiality of the data, only to subjects delegated to carry out the activities necessary for the execution of the contract stipulated and communicated exclusively for this purpose. The Buyer enjoys the rights set forth in art. 7 of the Decree Law.vo 196/03, namely the right to obtain: a) updating, rectification or, when interested therein, integration of data; b) cancellation, transformation into anonymous form or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed; c) certification to the effect that the operations as per letters a) and b) have been notified, as also related to their contents, to the entities to whom or which the data were communicated or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate effort compared with the right that is to be protected. The data subject shall also have the right to object, in whole or in part: i) on legitimate grounds, to the processing of personal data concerning him/her, even though they are relevant to the purpose of the collection; ii) to the processing of personal data concerning him/her, where it is carried out for the purpose of sending advertising materials or direct selling or else for the performance of market or commercial communication surveys. The communication of personal data by the Purchaser is a necessary condition for the correct and timely execution of this contract. Failing this, the Buyer's application may not be processed. In any case, the data acquired will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. Their removal will be done safely anyway. The owner of the collection and processing of personal data is the Supplier, to whom the purchaser may address any request at the company headquarters in Fucecchio (fi) in via g falcone 4. Anything that should be sent to the e-mail address (also electronic, to the address [email protected]) of the Centre (requests, suggestions, ideas, information, materials, etc.) will not be considered information or data of a confidential nature, must not violate the rights of others and must contain valid information, not detrimental to the rights of others and truthful, in any case the Centre cannot be attributed any responsibility for the content of the messages themselves.
17) COMMUNICATIONS AND COMPLAINTS
Pursuant to art. 12 of Legislative Decree 70/03, the Supplier informs the Purchaser that each order sent is stored in digital form on the server where the site resides according to criteria of confidentiality and security.
18) COMMUNICATIONS AND COMPLAINTS
Written communications addressed to the Supplier and any complaints will be considered valid only if sent to the address Harris shoes 1913 s.r.l.via G.Falcone 4, 50054 Fucecchio (FI), or sent by fax to +39 0571242726, or sent by e-mail to the following address [email protected]. The Purchaser shall indicate in the registration form his residence and domicile, the telephone number or e-mail address to which he wishes the Supplier's notices to be sent.
19) COMPOSITION OF DISPUTES AND APPLICABLE LAW
All disputes arising from this contract if the Parties intend to refer the matter to the ordinary Judicial Authority, the competent court shall be that of the Buyer's place of residence.
This contract is governed by Italian law.
20) DURATION AND EFFECTIVENESS OF THE CONTRACTUAL CONDITIONS
The confirmation of the order implies for the Buyer the acceptance of these general conditions.
These conditions may be updated or modified directly with the transcription of the new standard on this site. The change or update will be valid and effective for orders that have not yet been entered and for which the web page, which summarizes the order data, is not yet displayed and printed.
TERMS OF SALE