The following text referred to as "general sales conditions" regulates the terms and the sales conditions of the products sold by AversaShoes ("the products", hereinafter). Any agreements between AversaShoes and the third party ("the customers", hereinafter) for the sales of products are regulated exclusively by these General Conditions which form an integral part of any proposal, order and order confirmation. The sales conditions applicable to the order are those in force on the date of the order. Any modifications on payment terms or operations notwithstanding the General Conditions shall be valid only under written acceptance by AversaShoes.
These General Conditions are applicable to all Customers, except for some provisions applied to the Retail Customer exclusively (a "Retail Customer" is natural person buying products for purposes alien to business or professional activities). A "Retail Customer" is a customer who sends a purchase proposal without entering his/her own VAT number in the area where the customer's personal data is requested. Articles from 50 to 63 of the Legislative Decree no. 206/2005 are applied to the Purchase Agreements stipulated by Retail Customers. At any time and without notice, AversaShoes may modify the content of these General Conditions. The aforesaid modifications shall be valid from the date of the publication on the Website.
The order sent by the Customer is considered as a contract proposal and entails the awareness and acceptation of these General Conditions. AversaShoes confirms the receipt of the Customer's proposal sending an automatic reply to the Customer's e-mailbox. This automatic e-mail only confirms the correct receipt of the proposal. The confirmation message shall indicate the "PO number" to use for future messages addressed to AversaShoes.
The Customer may display the order in his/her login area. When the order is dispatched, the data displayed in the login area will be updated. Any Purchase Agreements stipulated between AversaShoes and the Customer is considered to be concluded after Le Follie's Shop's order acceptance. At its discretion, AversaShoes may accept or refuse the order sent by the Customer who may not complain or claim for compensation, in the event of non-acceptance of the aforesaid order. The order is considered to be accepted by AversaShoes if, within 48 hours after the order dispatch, the Client does not receive any further communication. In the event of order refusal, AversaShoes shall inform the Customer by e-mail.
By the order dispatch, the Customer declares to have read all instructions contained in the purchasing process and to accept both the General Conditions and the Terms of Payment described as follows:
PRICE OF THE PRODUCTS - DELIVERY COSTS - PRODUCT AVAILABILITY
The prices of the products are clearly displayed on the website and are VAT included. Further taxes or duties required by the applicable legislations for the importation of products are not included. In this case, the Customer shall have to clear custom operations paying the taxes and the duties required in the importing country (in addition to VAT).
At any time, the prices and the availability of the products displayed on the website are subject to modifications without notice, being understood that, for the pending and already accepted orders, AversaShoes shall apply the sales conditions in force at the moment of the Customer's order dispatch.
The availability shown on the product sheets is not updated in real time, because the number of users accessing the website may vary the product availability during a specific day. For this reason, AversaShoes does not guarantee to deliver the purchased products immediately, although on the website they are displayed as available. In no case, AversaShoes shall be responsible for possible delayed deliveries.
If the order is paid by bank transfer, AversaShoes shall send the products to its customers only when the amount is credited to the aforesaid current account and displayed correctly.
In the event of delayed deliveries, AversaShoes commits itself to inform the Customer by e-mail. Before the order is shipped, the Customer may cancel or modify it, following the steps indicated in his/her login area. The shipping costs are clearly shown to the Customer on the website before the conclusion of the Purchase Agreement. They shall be added to the total amount of each purchase and depend on the terms of delivery, the terms of payment, the destination country as well as the total amount of the order.
If available, the visual representation of the products displayed on the website usually corresponds to their photo and is for illustrative purposes only. AversaShoes may not guarantee the exact correspondence between the picture shown on the website and the actual product (with particular reference to the product's chromatic features)
The Purchase Agreement between the Customer and AversaShoes is stipulated in Italy and governed by the Italian Law. Any controversy will be referred to the exclusive jurisdiction of Monza Brianza.
For whatever reason, the retail customer may withdraw from the agreement (a "Retail Customer" is a natural person buying products for purposes alien to business or professional activities). To exercise the right of withdrawal, the customer shall send a notice to AversaShoes and ship the item back to AversaShoes within 14 working days from the delivery date (shipping costs are in charge of the customer). Note: the right of withdrawal may not be exercised by customers buying with his/her own VAT number.
The right of withdrawal is submitted under the following conditions:
1. the good and its parts shall be intact and returned in the original packaging (documents and accessories included);
2. if possible, the original packaging shall be placed into an additional box to limit damage (the application of labels or adhesive tapes on the original packaging is forbidden);
3. the customer is completely responsible for the shipping until the delivery of the product to AversaShoes's warehouse;
AversaShoes is by no means responsible for damage, theft or loss of goods returned by uninsured shipping. No packets paid cash on delivery and freight collect will be collected under any circumstances.
Except for additional reinstatement fee for ensured damage on the original packaging, AversaShoes shall refund to the customer the cost of the product he paid by Credit Card or Bank Transfer, using a write-off procedure (shipping costs excluded). For payments sent by bank transfer, the customer shall transmit his/her bank details (IBAN code) to AversaShoes.
FORFEITURE OF THE RIGHT OF WITHDRAWAL
The right of withdrawal shall forfeit when AversaShoes determines:
1. the total or partial use of the good;
2. the lack of the original external and/or internal packaging;
3. the lack of products' basic elements;
4. the damage of the product for causes different from transportation.
In the aforesaid cases, AversaShoes shall return the good to the sender who shall cover the shipping costs.