Foreword - Subject matter and scope
The "General Terms and Conditions of Sale" set out herein govern the offer and online sale of Fratelli Rossetti S.p.A. branded footwear, bags and accessories (the "Products") through the site www.fratellirossetti.com/it (the "Site"\”E-shop”). Fratelli Rossetti S.p.A is the exclusive licensee of the Fratelli Rossetti brand and owner of the rights to use domains, logos, trademarks, copyrights applied to the Site.
The sale of Products on the Site is managed by the company Calicantus S.r.l., with registered office in Quarto D'Altino (VE), Via L. Mazzon n. 30, enrolled in the Register of Companies of Venice, REA 225872, Tax Code and VAT No. 03757590272, which acts as an agent without representation, taking care in its own name and on behalf of Fratelli Rossetti S.p.A. of the procedure of collection, acceptance and execution of orders, the collection of payments, as well as after-sales service and communications with customers (including for the management of any returns, cancellations, refunds and / or complaints). The products and/or services purchased on the Site are therefore sold directly by Calicantus S.r.l.
The contact details of Calicantus, for any communication, request for information or assistance, as well as for the submission of any complaints relating to purchases made on the Site are contained in the contact form section.
The Site allows each customer to browse and, with or without registration, to make purchases in any country, regardless of the country in which the customer is physically located at the time of accessing the Site.
When the customer enters the Site, the Site, via, the IP address, recognises the State from which the customer is accessing. In the case of successive accesses with the same IP address, the last Country selected in the previous session is proposed. The customer may; however, at any time, change the Country by selecting a different one from the menu in the header of each page of the Site.
The offer and sale of Products on the Site constitute a distance contract governed, for all that is not expressly provided for hereunder, by Legislative Decree No. 70/2003 containing the regulation of electronic commerce (e-commerce) and by Articles 45 et seq. of Legislative Decree No. 206 of 6 September 2005 ("Consumer Code") and following amendments. It should be noted that the provisions of the law and of these Terms of Sale in favour of the consumer shall apply only if and to the extent that the conditions provided for by the Consumer Code are met (i.e. the Customer is a natural person who is making the purchase for purposes unrelated to any entrepreneurial, commercial, handicraft or professional activity carried out and outside the specific cases of exclusion provided for therein).
Warning: The General Terms and Conditions of Sale that follow are limited to the Products of Fratelli Rossetti S.p.A. offered on the Site and do not concern the sale of products and/or provision of different services offered by parties other than Calicantus on websites that can be reached through links, banners or other hypertext links on the Site. Calicantus S.r.l. does not carry out any control and/or monitoring of the websites that can be consulted through the aforementioned links and is therefore not responsible for the contents of such websites nor for any errors and/or omissions and/or violations of law on their part.
Each Customer must carefully read the General Terms and Conditions of Sale published in the section of the Site General terms and conditions of sale, as well as all other information that Calicantus S.r.l. provides on the Site, both before and during the purchase procedure.
In a specific section of the Site, the General Terms and Conditions of Sale are published in pdf format, which may be printed or saved on a durable medium, in compliance with the provisions of Article 12 of Legislative Decree 70/2003 and Article 51 of the Consumer Code.
1. Reservation of products, ordering and order confirmation.
1.1. In order to purchase Products from the e-shop online, the Customer must access the area of the Site dedicated to this purpose. Each product on sale is accompanied by a photo, a description and the price, which varies according to the country of destination and the Product (hereinafter the "Catalogue").
1.2. The information relating to the products included in the Catalogue is as accurate and up-to-date as possible, also in relation to the availability of the various sizes, it being understood that the images and illustrations referring to the Products offered have a merely descriptive purpose, so that the image may not coincide perfectly with the characteristics of the Product delivered, especially with reference to the colours and/or the workmanship whose visual perception depends on the monitor used to access the Site.
1.3. Within the e-shop, the Customer may select and reserve one or more of the Products offered on the Site. It will be sufficient to indicate the quantity and confirm, after having chosen any variants (in this case: size). In this way, the products selected by the Customer are placed in the virtual shopping cart. By accessing the virtual trolley, the Customer will be able to add or cancel all bookings made up to that moment.
1.4. Per inviare l’ordine, il Cliente potrà procedere con le seguenti modalità:
- se già registrato, tramite accesso all’area riservata utilizzando l’indirizzo di posta elettronica e la password personali;
- se non ancora registrato, procedendo alla registrazione, indicando tutti i dati richiesti;
- senza registrazione, fornendo quando richiesto i dati necessari per finalizzare l’acquisto.
1.5. To complete the order, the Customer must fill out a form and indicate their e-mail address, shipping address, billing address, select the payment method and shipping method. If the selection of the payment method requires additional data, the Customer must proceed with entering the requested information. The Customer who is already registered will have the possibility to automatically enter any addresses already saved previously.
1.6. By placing an order in the various ways provided, by filling in the appropriate field in the proposed form, the Customer declares that he/she has read all the information and indications provided to him/her during the purchase procedure and fully accepts the General Terms and Conditions of Sale.
1.7. The purchase contract shall be considered finalised only when the order sent by the Customer is accepted and confirmed by Calicantus S.r.l. by sending the "VS order confirmation" form to the Customer, by e-mail or fax to the addresses indicated by the Customer. The confirmation is usually sent within 2 working days after receipt of the order.
1.8. Calicantus S.r.l. may, at its own discretion, not accept the order if the information provided by the Customer is incorrect, incomplete or misleading (e.g. incorrect or insufficient payment details, incorrect billing details, incorrect or incomplete shipping address), or if there are errors on the Site regarding the Products ordered (e.g. errors relating to price, availability, or description of the Products).
2. Product availability, selling price and shipping costs.
2.1. For each item in the Catalogue, the unit sale price is indicated in the currency € (euros), £ (pounds sterling), $ (dollars), inclusive of VAT (Value Added Tax), but not shipping costs. Shipping costs may vary depending on the type of delivery, the quantity of products to be shipped, their volume, weight and place of destination and will be separately highlighted during the purchase process and on the "VS order confirmation" form.
2.2.All products in the Catalogue are in stock, except for any technical mismatches.
2.3. Should unforeseen events occur due to delays in the delivery of the purchased products, the Customer will be promptly informed by e-mail, as well as in the event of unavailability, even temporary, of one or more products.
2.4. Calicantus S.r.l. ships to all countries envisaged during registration, they are: Italy, Europe, Great Britain, United States, Arabian Peninsula. However, there may be cases in which customs issues prevent the delivery of the products ordered. In this case, the Customer shall be promptly informed by e-mail and subsequently reimbursed.
2.5. Calicantus S.r.l., subject to agreement with Fratelli Rossetti S.p.A., reserves the right to apply price reductions, providing in this regard clear indications prescribed by the regulations in force.
3. Methods of payment.
3.1. For payment of purchases made on the Site, the Customer may use the following methods:
- Credit card circuits: VISA, MASTERCARD, VISA ELECTRON via Shopify Payments.
- Bank transfer.
- PAYPAL circuit.
3.2. The beneficiary of the payment is Calicantus S.r.l.
4. Delivery of goods and shipping costs
4.1. Products purchased by the Customer and confirmed by Calicantus S.r.l. shall be shipped by Express Courier (national and international) to the address indicated by the Customer for delivery.
4.2. A fee will be charged for shipping, which will be highlighted during the purchase procedure and on the "VS order confirmation" form and which varies in relation to the number, weight and volume of the products purchased, as well as in relation to the country of destination of the order. The following table shows, by way of example, the minimum standard costs for shipping to the countries indicated:
|
Country of destination |
User contribution required |
Gratuity threshold |
|
Italy |
€ 6.90 |
€ 400 |
|
Europe |
€ 10.90 |
€ 400 |
|
UK |
£ 24.90 |
|
|
USA |
$ 18.90 |
$ 500 |
|
Arabian Peninsula |
€ 40 |
4.3. Fratelli Rossetti and Calicantus S.r.l. reserve the right to apply favourable shipping conditions or to apply no shipping costs, communicating the conditions of the offer in advance on the site.
4.4. Shipment of products shall only take place after payment of the amount indicated in the VS order confirmation form, including the price and contribution to shipping costs, has been duly registered and confirmed to Calicantus S.r.l.
4.5. Products shipped within Italy are approximately delivered within 2-3 working days from shipment; products shipped within the European Union are delivered within 4-5 working days from shipment. Shipments outside the EU take on average 6-7 working days from dispatch.
4.6. Shipments are made from Monday to Friday.
Any deviations from the points listed above will be communicated to the Customer promptly by e-mail.
5. Import Taxes and Customs Duties.
5.1. The products sold are not subject to any import tax or customs duty if the product is sold and delivered in Italy or within the European Union.
5.2. In the case of deliveries to countries outside the European Union, products may be subject to import taxes and/or customs duties. In this case, any customs charges for deliveries to countries outside the European Union shall be borne by the addressee. Since the aforesaid costs are not entirely foreseeable and therefore cannot be indicated in the VS order confirmation form, in order to verify the costs and possible import limits, Customers must contact the customs authorities of the destination country in advance.
6. Right of Withdrawal.
6.1. In accordance with Article 52 of the Consumer Code, the Customer has a right of withdrawal that he/she may exercise, without having to justify the reasons, within a period of 14 working days from the date of receipt of the Products purchased through the Site. The right of withdrawal may be communicated within the aforementioned term, at the Customer's choice, by filling in and sending the appropriate form available on the Site in the "Request return for right of withdrawal" section.
6.2. In the event of withdrawal, the Customer must return the products to Calicantus S.r.l., with a parcel insured carriage paid, addressed to: via Cesare Cantù 24 20015 Parabiago (MI) Italy.
Please note that the items must be returned intact, in their original packaging and in perfect condition, without signs of wear and dirt.
6.3. Shipping costs (and any customs fees, if any) for products returned following withdrawal shall be borne entirely by the Customer. No parcels sent cash on delivery or carriage forward shall be collected by Calicantus S.r.l.
6.4. If the Customer exercises the right of withdrawal and returns the articles within the terms indicated above, Calicantus S.r.l. will promptly proceed to refund the Customer the price of the returned articles, excluding any shipping contribution applied to the purchase. Reimbursement shall be made within 14 days, unless the items have not yet been returned by the aforementioned deadline, with the same methods used by the Customer for payment or according to the different methods indicated by the latter in the notice of withdrawal.
6.5. Articles returned incomplete, wasted, damaged or soiled due to the Customer's fault shall not be refunded and shall not, under any circumstances, give rise to the recognition of a credit equal to the price of the article originally ordered.
6.6. If the return is due to an error on the part of Calicantus S.r.l., the shipping costs shall be borne by the latter; in all other cases, the return shipping costs shall be borne by the purchaser and shall therefore not be reimbursed.
7. Applicable law.
All contracts concluded on the Site pursuant to these General Terms and Conditions of Sale are governed by Italian law.
This is without prejudice to the application to consumer customers who do not have their habitual residence in Italy of any more favourable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products in the event of exercising this right, the methods and formalities for communicating the same and the legal guarantee of conformity.
Any dispute relating to the validity, interpretation or execution of these General Terms and Conditions of Sale and the purchase contracts concluded on the Site shall be settled by the Court of the place where the customer resides or has elected domicile, if the latter is a Consumer, as defined by the Consumer Code.
Lastly, we would like to point out that the Customer residing in a member state of the European Union may access, for any dispute relating to the validity, execution, interpretation and performance of the purchase contract, the platform for out-of-court alternative dispute resolution, including cross-border disputes, accessible at http://ec.europa.eu/odr.