Terms and conditions
Article 1 - General terms
1. The user accesses ShoesFactory1985.com by browsing this area, accessible through the url www.ShoesFactory1985.com The navigation and transmission of a purchase order on the site implies the acceptance of the conditions and data protection policies adopted by the site itself and indicated in it.
2. These general terms and conditions of sale apply to the sale of products with exclusive reference to purchases made on the site, in accordance with the provisions of the consumer code.
3. Before accessing the products provided by the site, the user must read these general terms and conditions of sale, which are generally and unequivocally accepted at the time of purchase.
4. The user is invited to download and print a copy of the purchase form and these general terms and conditions of sale, the terms of which ShoesFactory1985.com reserves the right to change unilaterally and without prior notice.
5. The site can also be used in English to access the products provided by the site and to purchase the same products.
Article 2 - purpose
1. These general terms and conditions of sale govern the offer, transmission and acceptance of purchase orders for products at ShoesFactory1985.com and, however, do not regulate the provision of services or the sale of products by third parties other than the seller, present on the same site through links, banners or other hyperlinks.
2. Before placing orders and buying products and services from different parties, we recommend that you consult their terms and conditions of sale.
Article 3 - conclusion of the contract
1. To conclude the purchase contract, the form must be completed in electronic format and transmitted in accordance with the instructions.
2. The contract contains a reference to the general terms and conditions of sale, the images of each product and its price, the means of payment that can be used, the method of delivery of the products purchased plus the related shipping and delivery costs, a reference to the conditions to exercise the right of withdrawal, as well as methods and times of return for the products purchased.
3. Before concluding the contract, you will be asked to confirm that you have read the general terms and conditions of sale, including information on the right of withdrawal and the processing of personal data.
4. The contract is concluded when the seller receives the complete form from the user, after verifying the correctness of the data it contains.
5. The buyer will be obliged to pay the price from the moment the online ordering procedure is completed. This will be done by clicking the "Finish order" button at the end of the guided procedure.
6. Once the contract is concluded, the seller assumes responsibility for the execution of the order.
Article 4 - registered users
2. Once registered, a confirmation email will be sent to the email address provided.
3. The user always has the possibility of modifying any data communicated through the corresponding section contained in the account.
4. On the occasion of the first request to activate the profile by the user, ShoesFactory1985.com will give the user a username and password. The latter recognizes that these identifiers constitute the system to validate the user's access to the services and is the only system capable of identifying the user. As such, any act carried out through said access will be attributed to the user's linking.
5. Users undertake to keep their access data secret and to keep them confidential with due care and diligence, without transmitting them, even temporarily, to third parties.
6. Users can deactivate their account at any time or request cancellation through the section located in the account or, in case of malfunction, by sending a written message to the email address ShoesFactory1985.com .
Article 5 - product availability
1. Product availability refers to actual availability at the time the buyer places the order. However, this availability should be considered purely indicative because, as a result of the simultaneous presence on the site of multiple users, the products may be sold to other customers before the order is confirmed.
2. Even after sending the order confirmation by email, there may be cases of partial or total unavailability of the products. In this case, the order will be automatically corrected with the elimination of the unavailable product and the buyer will be informed immediately by email.
3. If the buyer requests the cancellation of the order, terminating the contract, ShoesFactory1985.com will refund the amount paid within 30 days from the moment ShoesFactory1985.com found out about the buyer's decision to terminate the contract.
Article 6 - products offered
1. ShoesFactory1985.com sells: Footwear.
2. The offer is detailed on our website at the link ShoesFactory1985.com .
Article 7 - payment methods and prices
1. The price of the products will be the one indicated regularly on the site, unless there is an obvious error.
2. In the event of an error, ShoesFactory1985.com will notify the buyer as soon as possible, allowing the confirmation of the order for the correct amount or its cancellation. In any case, ShoesFactory1985.com will not be obliged to supply the products sold at the lowest price incorrectly indicated.
3. The prices on the site include VAT but do not include shipping costs. Prices are subject to change at any time. Changes do not apply to orders for which an order confirmation has already been sent.
4. Once you have selected the desired products, they will be added to your cart. Simply follow the purchase instructions, entering or verifying the required information at each step of the process. The order details can be modified before payment.
5. Payment can be made with credit cards (visa, mastercard, maestro, american express, postepay and other reloadable cards) and paypal.
Article 8 - delivery
1. ShoesFactory1985.com will deliver both to the address provided by the user and to the collection points indicated at the time of purchase.
3. For the Spanish territory, delivery is generally made within 2-7 business days, or, if a delivery date is not specified, within the estimated time limit when choosing a delivery method and, in any case, within of a maximum of 30 days from the date of confirmation.
4. For the countries of the EUROPEAN UNION, delivery will be made within 2-7 business days, and in any case within a maximum of 30 days.
5. In non-EU territories, delivery will take approximately 2 to 7 business days.
6. Deliveries will be made by DHL and Fedex couriers, during business hours, Monday through Friday. If delivery is not possible, the order will be sent to the warehouse. In such cases, a notice will specify where the order is located and how a new delivery is arranged.
7. If you cannot be present at the place of delivery at the agreed time, we ask that you contact us again to agree on a new delivery date.
8. If delivery cannot be made due to causes not attributable to us after 30 days from the date the order is available for delivery, we will assume that you intend to terminate the contract.
9. As a result of the termination, the amounts, including shipping costs, will be returned, excluding any additional costs arising from the choice of a delivery method other than the ordinary method offered without undue delay and, in any case, within 30 days from the date of termination of the contract. The transportation resulting from the termination of the contract could have additional costs that will be charged to the buyer.
10. Shipping costs are borne by the buyer and are explicitly highlighted at the time of ordering. Upon receiving the merchandise, the user must verify: that the number of packages delivered corresponds to that indicated in the transport document and that the packaging is intact and has not been altered even on the closing tapes. In case of manipulation and / or breakage, the user must immediately dispute the shipment and / or delivery by placing the words "reservation of control of goods" on the delivery note received by the carrier.
Article 9 - risks
1. The risks related to the products will be borne by the buyer from the moment of delivery. Ownership of the products is deemed to be acquired as soon as full payment of all amounts due in relation thereto, including shipping costs, has been received or upon delivery, if this happened at a later date.
Article 10 - guarantee and commercial compliance
1. All products that fall into the category of "consumer goods", in accordance with article 128, paragraph 2 of the consumer code, are covered by the legal guarantee of conformity regulated by articles 128-135 of the consumer code. The seller is responsible for any defect in the products offered on the site, this includes any breach of the articles with the products ordered, in accordance with the provisions of Spanish law.
2. The legal guarantee of conformity only works for consumers, that is, any natural person who acts on the website for purposes unrelated to any potential business or professional activity. This warranty is valid on the condition that the defect occurs within 24 months from the date of delivery of the products and that the buyer files a formal complaint related to the defect within a maximum of 2 months from the date of delivery. date the defect was discovered. Unless proven otherwise, conformity defects occurring within 6 months after delivery of the product are assumed to already exist by that date, unless this is completely incompatible with the nature of the product or the defect. After 6 months from delivery, it will be the responsibility of the user to prove that the damage or defect was not caused by incorrect or incorrect use of the product.
3. In case of non-compliance, the buyer who has signed the contract as a consumer shall have the right to obtain the restoration of the conformity of the product without expenses, for repair or replacement, or to obtain an adequate price reduction, or the termination of the contract in relation to disputed assets and the subsequent refund of the price paid.
4. All costs of returning defective products will be borne by the seller.
5. For those who have purchased through the website and do not qualify as consumers, the guarantees for defects in the item sold, the guarantee of defects of essential quality promised and the other guarantees provided by the Italian civil code with the related legal terms, confiscation and limitations (article 1490 and subsequent articles of the civil code).
Article 11 - returns
1. In accordance with current legal provisions, the buyer has the right to withdraw from the purchase without any penalty and without specifying the reason, within a period of 14 days in accordance with article 57 of legislative decree 206/2005 from the date of receipt of the products.
2. In the case of multiple purchases made by the buyer with a single order and delivered separately, the period of 14 days begins from the date of receipt of the last product.
3. Users who intend to exercise the right of withdrawal must notify ShoesFactory1985.com by means of an explicit statement, which can be sent by registered letter with acknowledgment of receipt to the address: info @ ShoesFactory1985 .com .
4. The buyer must also exercise the right of withdrawal by sending an explicit statement containing the decision to terminate the contract or, alternatively, by sending the standard withdrawal form, according to annex I, part b, legislative decree no. 21/2014 which is not mandatory.
5. Products can be returned to any point of sale.
6. The products must be returned intact, in their original packaging, complete with all its parts and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the previous provisions, the site will refund the amount of the product, subject to withdrawal within a period of time no longer than 14 days, excluding any shipping costs.
7. According to the provisions of article 56, paragraph 3, of legislative decree 206/2005, and modified by legislative decree 21/2014, the site can suspend the refund until the goods have been received or until the buyer has presented evidence having returned the goods.
8. The right of withdrawal will not apply if the services and products of ShoesFactory1985.com are included in the categories of article 59 of legislative decree 206/2005. Specifically, the right of withdrawal cannot be exercised with reference to products made to measure or clearly personalized according to the customer, in accordance with and for the purposes of article 59 of legislative decree 206/2005. For these product categories, returns will not be accepted for changes in size or any other request for replacement and / or refund.
9. The site will make the refund using the same means of payment chosen by the buyer in the purchase phase.
Article 12 - data processing
1. The buyer's data is processed in accordance with the provisions of the legislation on personal data protection, as provided in the specific section containing the information in accordance with article 13 of the legislative decree of June 30, 2003 and article 13 of the eu regulation 2016/679.
Article 13 - safeguard clause
1. In the event that one of the clauses of these general terms and conditions of sale is void for any reason, this will not affect the validity and compliance of the other provisions established in these general terms and conditions of sale.
Article 14 - contact details
1. Any request for information can be sent by email to the following address: info@ShoesFactory1985.com .
Article 15 - applicable law and jurisdiction
1. These general terms and conditions of sale are governed by Italian law and are interpreted on the basis of it, without prejudice to any other mandatory rule of cancellation of the buyer's country of habitual residence. Consequently, the interpretation, execution and completion of the general terms and conditions of sale are subject exclusively to Spanish law.
2. Any dispute inherent and / or consequential to it must be resolved exclusively by the Spanish courts. In particular, when the buyer is qualified as a consumer, any dispute must be resolved by the court of the buyer's place of residence, in accordance with applicable law.
Article 16 - online dispute resolution for consumers
1. Users who are consumers and residents of Europe should be informed of the fact that the European Commission has established an online platform that provides a tool for alternative dispute resolution. The consumer can use this tool to resolve any dispute related to and / or derived from contracts for the sale of goods or services concluded online, in a non-judicial manner. As a result, the consumer can use this platform to resolve any dispute arising from the online contract with ShoesFactory1985.com .
These general terms and conditions of sale were issued on 03/30/2020.