GENERAL CONDITIONS OF SALE
The Shoe factory Gal.men L.t.d., with registered office at 4/6, Via Fonte Giuliano, Montegranaro (FM) 63812, Italy, VAT n. 01039880446, a company registered at the Chamber of Commerce of the region Marche, with provincial headquarters in Fermo n. REA FM-108830 of the Register of Companies, owns the trademark PRIMABASE which is marketed through the website www.primabase.it (hereinafter “Site”) owned by the shoe factory Gal.men L.t.d.
SUBJECT MATTER AND SCOPE
The offer and sale of the Products marketed on the Site constitute a distance contract governed by Italian law and in particular by the Articles 45 et seq. of the Legislative Decree 6 September 2005 n. 206 (Consumer Code) and by the Legislative Decree 9 April 2003 n. 70 containing the regulation of electronic commerce.
The purchase of Products on the Site is permitted only to persons who intend to make use of the sales services of the Products (hereinafter “Customers”) who: a) are consumers in accordance with the Consumer Code, i.e. natural persons who, in relation to the purchase of Products, act for purposes unrelated to the business, commercial, craft or professional activity, which is possibly carried out; b) are of legal age; c) are registered on the Site; d) have their residence and / or domicile in the following Countries: Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands (Holland), Poland, Portugal, United Kingdom, Czech Republic, Romania, Slovenia, Slovakia, Spain, Sweden, Switzerland, Hungary; e) request the delivery of the Products in the Italian territory.
These General Terms and Conditions of Sale govern the online offer and sale of PRIMABASE Products (hereinafter “Products”) through the Site and are applicable in the following Countries: Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands (Holland), Poland, Portugal, United Kingdom, Czech Republic, Romania, Slovenia, Slovakia, Spain, Sweden, Switzerland, Hungary.
The Site pursuant to EU Regulation 2018/302 of the European Parliament and of the Council of 28 February 2018 (the so-called “Geo-Blocking Regulation”) allows each Customer to browse and make purchases in any of the aforementioned Countries.
The Customer is required to carefully read these General Conditions of Sale which the shoe factory Gal.men L.t.d. makes available in the “General Conditions of Sale” section of the Site and which can be saved and reproduced at any time.
These conditions are to be understood as read, understood and accepted in full by the Customer at the time of registration on the Site and / or of execution of a purchase order. The Customer shall therefore comply with these General Conditions of Sale exempting the shoe factory Gal.men L.t.d. from any possible conditions other than those in force, not previously agreed in writing.
The General Terms and Conditions of Sale may be modified at any time. Any changes and/or new conditions will be in force from the moment of their publication in the “General Conditions of Sale” section of the Site.
For this reason, Customers are invited to regularly access the Site and consult them, before making any purchase, in order to verify the presence of any possible changes.
The General Conditions of Sale which are applicable are those in force at the date of the sending of the purchase order.
Should any of the provisions of the following General Terms and Conditions of Sale be considered invalid, the remaining provisions shall remain valid and effective.
Any abuse or violation of the obligations set out in these General Terms and Conditions of Sale by the Customer will result in the suspension or deactivation of the Customer’s Account depending on the seriousness of the acts in question.
The Customer is solely responsible for any costs for connecting to the Site via the Internet, including telephone costs, according to the rates applied by the operator selected by the Customer.
The Products offered on the Site are subject to availability at the time of order. Information on the availability of the Products is contained in the page referring to the individual Product.
If during the purchase process the Product that the Customer has placed in the cart has meanwhile been purchased by another Customer, thus terminating the availability of the same, the Site will not allow the Customer to complete the purchase process with the payment of the Product.
In the case of unavailability of one or more Products which the Customer wishes to purchase, the Customer may give their consent to receive a notice by e-mail when the Product becomes available again.
The shoe factory Gal.men L.t.d. reserves the right to modify the quantity and/or the type of Products that can be purchased on the Site at any time.
The Customer will be promptly informed by e-mail in case of unavailability of the ordered Product.
The Customer will then be entitled to terminate the contract immediately. In this case, if the payment of the Product has already taken place, the shoe factory Gal.men L.t.d., without prejudice to the right of the Customer to compensation for damages, will refund this amount without undue delay and, in any case, within a maximum of 14 (fourteen) working days from the dispatch of the order.
The amount will be credited to the same means of payment used by the Customer for the purchase.
REGISTRATION TO THE SITE
To complete a purchase on the Site, a registration is required, which is free of charge.
The registration procedure requires the completion of an electronic form whose fields must be filled in with the Customer’s personal data, their email address and a password.
These data will be treated according to the privacy law in force in Italy.
The Customer guarantees that the personal information provided during the procedure of registration to the Site is true and complete and agrees to keep the shoe factory Gal.men. L.t.d. indemnified and held harmless from any obligation to indemnify and / or sanction and / or damage that the same may incur as a result of violations by the Customer of the rules governing the registration to the Site and the purchase of Products on the same.
After the registration, the Customer will have a personal account which can be accessed through a username and a strictly confidential password.
The registration credentials must be exclusively used by the Customer and may not be transferred to third parties.
The Customer, therefore, undertakes to keep them secret and to ensure that no one else has access to them and to promptly inform the shoe factory Gal.men L.t.d. if they doubt that there may be an improper use or undue disclosure thereof.
INFORMATION RELATING TO THE CONCLUSION OF THE CONTRACT
If they wish, the Customer must ask the shoe factory Gal.men L.t.d., to issue a tax invoice for the purchase.
The prices of the Products are expressed on the Site in € (Euro) and include VAT.
Delivery costs are indicated in € (Euro) and include VAT. If applied, they will be indicated separately on the order form and in the order confirmation e-mail.
The shoe factory Gal.men L.t.d. constantly checks that all the prices which are indicated on the Site are correct, but this does not guarantee the absence of errors.
In the event that an error is found in the price of a Product, the shoe factory Gal.men L.t.d. will allow the Customer to confirm the purchase of the Product at the correct price or to cancel the order.
The shoe factory Gal.men L.t.d. reserves the right to change the price of the Products at any time without notice. It is understood that the price that will be charged to the Customer will be the one on the Site at the time of transmission of the order.
The transfer of ownership of the Products to the Customer will only take place at the time of payment by the same of the purchase price and delivery costs (including any customs costs) if due.
The Customer may pay for the Products purchased on the Site by means of: Credit card on Visa and Mastercard circuits or American Express card or PostePay card (through Visa and Mastercard circuits).
All payments made on the Site take place in a context of confidentiality and encryption thanks to the SSL protocol.
By clicking on “Pay now” at the time of transmission of the order, the validity of the card will be verified, and the absence of any blocks will be ascertained. The payment will be debited from the Customer’s account within 4 days from the date of transmission of the order.
The shoe factory Gal.men L.t.d. does not have access to and does not store the data of the credit card used by the Customer to pay for the Products, therefore, they will be required to enter such data at each purchase.
The shoe factory Gal.men L.t.d. will execute the purchase order only after receiving confirmation of the successful payment of the total amount due by the Customer for the purchase of the Product ordered.
In the event that the successful outcome of the payment is not confirmed, the contract shall be considered terminated by right pursuant to and for the purposes of art. 1456 of the Italian Civil Code. The Customer will be notified of the non-payment, of the termination of the contract and cancellation of the order immediately after transmission of the order in the section “My account / my orders”.
DELIVERY AND SHIPPING COSTS
Products are exclusively delivered to Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands (Holland), Poland, Portugal, United Kingdom, Czech Republic, Romania, Slovenia, Slovakia, Spain, Sweden, Switzerland, Hungary and cannot be delivered to a P.O. box address.
The ordered Products will be delivered to the address provided by the Customer during the execution of the order.
Orders received by the shoe factory Gal.men L.t.d. before 12:00 will be delivered to the courier in the afternoon of the same day. If subsequent to 12:00 hours, they will be delivered to the courier on the first working day after.
Orders received on Saturdays, Sundays or public holidays will start on the first following working day.
The courier service is available from Monday to Friday from 9.00 to 12.30 and from 14:30 to 18.30 and on Saturdays from 9.00 to 12.00.
When the order will be delivered to the courier, the Customer will receive an e-mail from the shoe factory Gal.men L.t.d. specifying the tracking number and a direct link to monitor the shipment status.
The Product will be delivered to the Customer no later than thirty days from the date of conclusion of the contract pursuant to art. 61 of the Consumer Code.
The shoe factory Gal.men L.t.d. does not assume any responsibility for any damage resulting from delays in delivery.
The shipment of the Product to the Customer is made by express courier GLS in standard mode and is free only if the delivery takes place in the Italian territory.
Otherwise, the following delivery charges with any customs charges will be applied:
- Austria 15,00 euro;
- Belgium 15,00 euro;
- Bulgaria 25,00 euro;
- Croatia 20,00 euro;
- Cyprus 50,00 euro;
- Denmark 20,00 euro;
- Estonia 25,00 euro;
- Finland 35,00 euro;
- France (Corsica) 78,00 euro;
- France 20,00 euro;
- Germany 15,00 euro;
- G.B 78,00 euro + customs 18,00 euro;
- Great Britain 40.00 euro;
- Greece (islands) 75,00 euro;
- Greece 40,00 euro;
- Ireland 28,00 euro;
- Latvia 25,00 euro;
- Lithuania 25,00 euro;
- Luxembourg 15,00 euro;
- Malta 40,00 euro;
- Holland 15,00 euro;
- Poland 25,00 euro;
- Portugal 25,00 euro;
- Portugal (Madeira) 60,00 euro + customs 20,00 euro;
- Portugal (Azores) 75,00 euro + customs 20,00 euro;
- Czech Republic 25,00 euro;
- Slovak Republic 30,00 euro;
- Romania 25,00 euro;
- Slovenia 20,00 euro;
- Spain 25,00 euro;
- Spain (Andorra) 77,00 euro + customs 20,00 euro;
- Spain (Balearic Islands) 47.00 euros;
- Spain (Canary Islands) 77,00 euro + customs 20,00 euro;
- Spain (Melilla) 77,00 euro + customs 20,00 euro;
- Sweden 25,00 euro;
- Switzerland 15,00 euro + customs 37,00 euro;
- Hungary 20,00 euro.
Deliveries will take place from Monday to Friday during normal office hours, excluding national holidays. The shoe factory Gal.men L.t.d. reserves the right to use other carriers and/or to use different delivery methods. In this case, the variation will be communicated.
The obligation to deliver is fulfilled by transferring the material availability of the Products to the Customer. It is up to the Customer to check the conditions of the Product that has been delivered to them. Without prejudice to the fact that the risk of loss or damage of the Products, for reasons not attributable to the shoe factory Gal.men L.t.d., is transferred to the Customer when the latter, or a third party designated by them and different from the carrier, physically takes possession of the Product, it is recommended that the Customer verify the number of the received Products and that the packaging is intact, not damaged, not wet or otherwise altered, even in the closing materials and they are invited to indicate on the transport document of the carrier, any anomalies, accepting the package with reservation. In the event that the package shows clear signs of tampering or alteration, it is also recommended that the Customer immediately notify the shoe factory Gal.men L.t.d. It remains firm, in any case, the application of the rules on the right of withdrawal and legal guarantee of conformity.
In case of delay or non-delivery, the Customer may contact the shoe factory Gal.men L.t.d. through the Site by sending an e-mail via the contact form or by writing to the e-mail address firstname.lastname@example.org or by calling from Italy at the number 0734/892013 (Urban fare) from Monday to Friday from 9:00 to 12:00 and from 14:30 to 18:00.
RIGHT OF WITHDRAWAL
The Customer who is a consumer has the right to withdraw from the contract concluded with the shoe factory Gal.men L.t.d. without incurring costs and without having to specify the reason, within 14 (fourteen) calendar days (“Period of Withdrawal”) from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the Product.
To exercise the right of withdrawal in relation to an order, the Customer must inform the factory Gal.men L.t.d. of their decision to withdraw it before the expiration of the Withdrawal Period. For this purpose, the Customer may use the following withdrawal form (“Standard Withdrawal Form”) or submit any other explicit statement of his decision to withdraw from the contract (“Withdrawal Declaration”).
The Standard Withdrawal Form or the Withdrawal Declaration must be sent, depending on the means used, to the following addresses: CALZATURIFICIO CAL.MEN S.R.L., Via Fonte Giugliano, 4/6 – 63812 Montegranaro (FM); e-mail: email@example.com
The Customer has exercised its right of withdrawal within the Withdrawal Period, if the notice regarding the exercise of the right of withdrawal is sent by the Customer before the expiry of the Withdrawal Period. In the event that the Customer makes use of the Withdrawal Declaration, they are invited to indicate, in addition to their personal data, the order number, the Product(s) for which they intend to exercise the right of withdrawal and their address. The burden of proof regarding the exercise of the right of withdrawal before the expiry of the Withdrawal Period rests on the Customer.
After exercising the right of withdrawal in the manner described above, the Customer must return the Product by courier which has an agreement with the shoe factory Gal.men L.t.d., with return costs to be borne by the latter only if the Product has been delivered and must be collected for return in Italy. Otherwise the costs of return will be entirely borne by the Customer.
The Product must be returned in its original packaging in a single package suitably protected and packed at CALZATURIFICIO GAL.MEN S.R.L., Via Fonte Giugliano, 4/6 – 63812 Montegranaro (FM).
The shoe factory Gal.men L.t.d. will arrange the collection of the Product at the place indicated by the Customer in the withdrawal. The Customer will, therefore, be contacted by the courier agreement to arrange the date and place of collection of the package.
In the event that the Customer withdraws from the contract, the shoe factory Gal.men L.t.d. will refund the total amount paid by the Customer for the Product, including delivery and customs costs, if applied, without undue delay and in any case no later than 14 (fourteen) calendar days from the day on which the shoe factory Gal.men L.t.d. was informed of the Customer’s decision to withdraw from the contract. The relative costs of return are excluded.
If it is necessary to proceed with the refund of delivery costs with reference to the case of withdrawal from a multiple order, i.e. consisting of several products, the shoe factory Gal.men L.t.d. will refund these costs in full only if the Customer intends to withdraw from the entire multiple order. Otherwise, the refund will not take place in consideration of the fact that the delivery costs incurred by the Customer, which are always calculated in a fixed amount regardless of the number of the ordered Products, are attributable to the delivery of other Products, other than those for which the Customer has exercised the withdrawal and forming part of the multiple order.
The refund will be made using the same means of payment used by the Customer for the initial transaction, unless they expressly agreed differently and without any additional cost as a result of the refund.
The Product must be returned intact, complete in all its parts, fully functional, equipped with all accessories and with the tags and labels still attached to the intact Product and, suitable for its intended use and free of signs of wear.
The Customer is responsible for any decrease in the value of the goods resulting from the handling of the Product other than that necessary to establish the nature, characteristics and functioning of the Product.
In the event that the Product for which the withdrawal has been exercised has suffered such a decrease in value, an amount equal to such decrease in value will be cut from the amount of the refund. The shoe factory Gal.men L.t.d. will inform the Customer of the circumstance and the consequent reduced refund amount within 5 working days from the receipt of the Product, providing them, if the refund has already been paid, the bank details for the payment of the amount owed by the Customer due to the decrease in value of the Product.
The Customer may indicate their intention to return the Product to change size within 14 (fourteen) calendar days from the day on which the Customer or a third party other than the carrier and designated by the Customer acquires physical possession of the Product.
The Customer is entitled to the size change if the relating communication is sent by the consumer before the abovementioned deadline and if the requested size is available. It is possible to change the sizes only of Products with the same article codes.
The request of a size change of a Product must be sent by the Customer, through the “Size Change Form” depending on the means used, to the following addresses: CALZATURIFICIO GAL.MEN S.R.L., Via Fonte Giugliano, 4/6 – 63812 Montegranaro (FM); e-mail: firstname.lastname@example.org
The Customer must indicate in the size change request, in addition to the personal data, the order number, the Product(s) for which they intend to change size, the size they wish to receive and the shipping address.
The Customer, after having requested the change of size with the abovementioned methods, must return the Product in its original packaging in a single package suitably protected and packed at CALZATURIFICIO GAL.MEN S.R.L., Via Fonte Giugliano, 4/6 – 63812 Montegranaro (FM).
The costs for the returning of the initial order and for the shipping of the new Product will be free only for a size change. If the customer needs to change the size further, they will have to bear the cost of returning and shipping the new Product. The Customer, in the first case, must return the Product by courier agreed with the shoe factory Gal.men L.t.d. in the same manner as in the event of withdrawal, while, in the second case, may use a carrier of their choice for both return and shipping. In this latter case, the Customer must return the Product to the shoe factory Gal.men L.t.d. without undue delay and in any case within 14 calendar days from the date on which they informed the shoe factory Gal.men L.t.d. of their decision to change the size again. If the Customer returns the Product before the expiration of the period of fourteen days, the deadline is respected. The new Product will be shipped as soon as the original order is received by the shoe factory Gal.men L.t.d..
The Product must be returned intact, complete in all its parts, fully functional, equipped with all accessories and with the tags and labels still attached to the intact Product and, suitable for its intended use and free of signs of wear.
The Customer is responsible for reducing the value of the goods resulting from the handling of the Product other than that necessary to establish the nature, characteristics and functioning of the Product.
In the event that the Product for which the size change has been requested has suffered such a decrease in value, the shoe factory Gal.men L.t.d. will notify the Customer within 5 working days since the receipt of the Product, providing them with the bank details for the payment of the amount due by the Customer due to the decrease in value of the Product.
The right of withdrawal within 14 (fourteen) calendar days from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the Product remains unaffected.
LEGAL GUARANTEE OF CONFORMITY
The Products offered on the Site comply with the relative regulations which are applicable in Italy.
Each Product is accompanied by a detailed description that allows you to know its main features.
Pictures accompanying the description of a Product are for information purposes only and may not be fully representative of its characteristics but differ, for example, in color and size (also due to the browser and monitor used to access the Site and to display images). It should also be noted that some work on the Product is done by hand and, therefore, are to be considered as minor imperfections and differences in painting.
All Products sold on the Site are covered by the legal guarantee of conformity provided for in Articles. 128-135 of the Legislative Decree 6 September 2005 n. 206 Consumer Code (“Legal Warranty”).
The Legal Warranty is reserved for consumers. Therefore, it is only applicable to Consumers who have made a purchase on the Site for purposes other than business, commercial, craft or professional activity.
The shoe factory Gal.men L.t.d. is liable to the consumer for any lack of conformity existing at the time of delivery of the Product and which becomes apparent within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the warranty, within two months from the date on which it was discovered.
In order to benefit from the Legal Warranty, the Customer must, therefore, provide proof of the date of purchase and delivery of the Product.
A lack of conformity exists when the Product purchased is not suitable for the use for which goods of the same type are normally used; it does not conform to the description made by the seller and does not possess the qualities of the goods which the seller has presented to the consumer as a sample or model; it does not have the qualities and performance normally expected of goods of the same type, which the consumer can reasonably expect, taking into account the nature of the goods and the statements made in advertising or labelling; it is not suitable for the particular use intended by the consumer and which the consumer has brought to the attention of the seller at the time of the conclusion of the contract and which the seller has accepted.
Therefore, any faults or malfunctions or other defects caused by accidental events or by the responsibility of the Customer or by the use of the Product that does not conform to the Product’s own and to the instructions/ warnings provided in this regard, or reported in the illustrative reference documentation, in the tags, labels, or in the instruction and maintenance booklets attached to the Product, are excluded from the scope of the Legal Warranty.
In the event of a defect of conformity duly reported in the terms, the Customer has the right:
– primarily, to free repair or replacement of the goods, at their choice, unless the remedy requested is objectively impossible or excessively expensive compared to the other and, therefore, in the specific case, given the type of sale, to the replacement, where this is possible in relation to the number of copies still available for sale;
– as a secondary measure (i.e. where repair or replacement is impossible or excessively costly or where the repair or replacement has not been carried out within a reasonable period of time or where the repair or replacement previously carried out has caused considerable inconvenience to the consumer) to the reduction of the price or the termination of the contract, at the consumer’s choice.
The requested remedy is excessively onerous if it imposes unreasonable costs on the seller compared to the alternative remedies which may be sought, taking into account (1) the value which the goods would have if there were no lack of conformity; (2) the extent of the lack of conformity; (3) the possibility that the alternative remedy could be carried out without significant inconvenience to the consumer.
In the event that a Product purchased on the Site, during the period of validity of the Legal Warranty, manifests what could be a lack of conformity, the Customer must contact the shoe factory Gal.men L.t.d. and indicate the defect and / or non-conformity found, and provide the relevant documentation (including a photograph of the Product).
The shoe factory Gal.men L.t.d. will promptly respond to the communication of the alleged lack of conformity and will indicate to the Customer the specific procedure to be followed.
The Product in respect of which the Customer complains of the lack of conformity must be sent to the shoe factory Gal.men L.t.d. which will verify the existence or otherwise of the defect complained of.
In the event that the defect exists, if the Customer has chosen the repair from among the available remedies, the shoe factory Gal.men L.t.d. will itself proceed with the repair. If, instead, the Customer has chosen the replacement and it is not excessively onerous or objectively impossible to repair for the shoe factory Gal.men L.t.d., this will provide for the replacement of the Product.
If the lack of conformity is found, any repair, replacement and transport costs will be borne by the shoe factory Gal.men L.t.d. If, on the other hand, the conformity defect is not found, it will not be possible to apply the Legal Warranty and, consequently, any repair and transport costs will be borne by the Customer. The shoe factory Gal.men L.t.d. will inform the Customer of this circumstance and of any costs to be incurred, and reserves the right to send the Customer a quote for the repair, so that the Customer can decide whether or not to proceed with the repair at their own expense.
The Customer must authorize the repair at their own expense and accept the costs and payment methods of the same in writing. The repair or replacement of defective Products, if due, will be carried out as soon as possible and, in any case, except in the case of unforeseeable circumstances or force majeure, or cases of particular gravity, within 30 calendar days from the day on which the shoe factory Gal.men L.t.d. received the defective Product. Within this period, the new or repaired Product will be delivered to the Customer. In the event that the remedy (repair or replacement) initially chosen by the Customer is not carried out within the indicated period, the same may request one of the alternative remedies provided by the Legal Warranty (replacement, if the repair was requested; repair, if the replacement was requested; price reduction or termination of the contract).
In case of termination of the contract, the shoe factory Gal.men L.t.d. will refund the Customer the total amount paid, consisting of the purchase price of the Product, any shipping costs and additional cost. In case of price reduction, the shoe factory Gal.men L.t.d. will return the amount of the reduction previously agreed with the Customer.
The amount of the refund or of the reduction will be communicated to the Customer by e-mail and credited to the means or payment solution used by the Customer for the purchase.
The shoe factory Gal.men L.t.d. is not responsible in case of damage, of any nature, resulting from the use of the Product in an improper manner and / or not in accordance with the instructions provided by the manufacturer and in case of damage resulting from accident or force majeure.
ERRORS AND INACCURACIES
The shoe factory Gal.men L.t.d. aims to provide constantly updated information on the Site.
However, it is not possible to guarantee that the Site is completely free of any errors. The Site may contain typing errors, errors, inaccuracies or omissions, some of which may refer to the price and availability of the Product, and the information sheet of the Product itself.
The shoe factory Gal.men L.t.d. reserves the right to correct errors, inaccuracies or omissions even after an order has been sent and also reserves the right to change or update the information at any time without prior notice.
INTELLECTUAL PROPERTY RIGHTS
The Customer declares to be informed that all trademarks, names, as well as any distinctive sign, name, image, photograph, written or graphic text used on the Site or relating to the Products are and remain the exclusive property of the shoe factory Gal.men L.t.d. without any right to them arising from access to the Site and / or purchase of Products to the Customer.
The contents of the Site may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of the shoe factory Gal.men L.t.d..
APPLICABLE LAW, ATTEMPT AT CONCILIATION AND PLACE OF JURISDICTION
The General Conditions of Sale and any sales contract concluded between the shoe factory Gal.men L.t.d. and the Customer, pursuant to these General Conditions of Sale, shall be governed by and interpreted in accordance with Italian law and in particular by the Legislative Decree n. 206 of 6 September 2005, on the Consumer Code, with specific reference to the legislation on distance contracts and by Legislative Decree n. 70 of 9 April 2003 on certain aspects relating to electronic commerce. In any case, the rights that may be attributed to Customers who are consumers by mandatory provisions of law in force in the State in which the latter have their habitual residence shall remain unaffected.
Any dispute relating to the application, execution and interpretation of these General Terms and Conditions of Sale shall be settled by the court of the place where the Customer resides or has elected domicile. Pursuant to art. 141-sexies, paragraph 3 of Legislative Decree 6 September 2005, n. 206 (Consumer Code), the shoe factory Gal.men L.t.d. informs the Customer that he has the status of consumer under art. 3, paragraph 1, letter a) of the Consumer Code, which, in the event that they have made a claim directly to the shoe factory Gal.men L.t.d., after which it has not been possible to resolve the dispute thus arising, the shoe factory Gal.men L.t.d. will provide information about the body or bodies of Alternative Dispute Resolution for the out-of-court settlement of disputes relating to obligations arising from a contract concluded under these Terms and Conditions of Sale (cc.dd. ADR bodies, as indicated in Articles. 141-bis et seq. of the Consumer Code), specifying whether or not it intends to use these bodies to resolve the dispute itself. The shoe factory Gal.men L.t.d. also informs the Customer who qualifies as a consumer under art. 3, paragraph 1, letter a) of the Consumer Code that a European platform for the online resolution of consumer disputes (so-called ODR platform) has been established.
The ODR platform can be consulted at the following address: http://ec.europa.eu/consumers/odr/; through the ODR platform, the consumer Customer can consult the list of ADR entities, find the link to the website of each of them and initiate an online dispute resolution procedure in which they are involved. This is without prejudice to the consumer Customer’s right to bring the dispute arising from these General Conditions of Sale before the competent ordinary court, whatever the outcome of the out-of-court settlement procedure, as well as the possibility, if the conditions are met, of promoting out-of-court settlement of disputes relating to consumer relations through recourse to the procedures set out in Part V, Title II-bis of the Consumer Code.
Furthermore, for any cross-border dispute relating to the application, enforcement and interpretation of these General Terms and Conditions of Sale, the Customer, who is habitually resident or domiciled in a member state of the European Union other than Italy, may introduce the European Small Claims Procedure established by Council Regulation (EC) No 861/2007 of 11 July 2007 before the competent court, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, € 5,000.00 on the date on which the competent court receives the application form. The text of the Regulation can be found on the website https://eur-lex.europa.eu/eli/reg/2007/861/oj.
For further information and assistance on the Site and / or online shopping, please contact us at the following email addresses: email@example.com or firstname.lastname@example.org or at the following address CALZATURIFICIO GAL.MEN S.R.L. con sede legale in 63812 Montegranaro (FM), Via Fonte Giugliano, 4/6, Italia
Tel +39 0734/892013
Fax +39 0734/890822
Last updated: 20/05/2020