Dear Customer, we inform you that the Company Rasoterra srl (hereinafter referred to as the “Vendor”), having registered seat in Naples (NA) at Via Carlo Poerio 90, 80121, Italy, VAT registration No. 10170871213, e-mail address info@sandalirasoterra.it is the owner of the website www.sandalirasoterra.it (hereinafter referred to as the “Site”), which is the e-commerce division of the Vendor itself and represents for all purposes the supplier of the goods sold through the site.
Please read carefully the General Terms and Conditions of Sale (hereinafter referred to as “General Terms and Conditions”) below and print and/or save them on another durable device of your choice.
These General Conditions only govern the contractual relationship between the Professional and the Consumer with reference to the regulations set forth in Legislative Decree No. 206 of September 6, 2005 (hereinafter referred to as the “Consumer’s Code”) and specifically to the discipline of the remote agreement provided for under Articles 50 to 61 of the Consumer’s Code.
The updated Consumer’s Code version can be accessed at http://www.sviluppoeconomico.gov.it/images/stories/normativa/codice_consumo_giu2011.pdf.
In these General Conditions, the term “Consumer” shall mean the natural person who, by acting for purposes other than any entrepreneurial, commercial, craft or professional activity, requests to purchase one or more products, using the instrument of remote agreement, as defined by the Consumer’s Code.
The contractual relationship between the Vendor and the subjects not identifiable as Consumers (as defined in the previous paragraph) is governed by other contractual provisions not referrable in any way to these General Terms and Conditions; in such a case, the non-consumer subject shall contact and agree with the Vendor, prior to the conclusion of the order.
As far as agreements with parties not identifiable as consumers are concerned, ordinary civil law rules and/or in any case the commercial agreements expressly provided between the parties shall apply.
The General Terms and Conditions applicable to each individual order shall be those posted on the Site at the time of the order; such General Terms and Conditions shall be printed and/or saved on another durable device by the Consumer.
The Vendor reserves the right to change these Terms and Conditions without prior notice; changes will be effective as of the date of publication on the Site and shll apply only to orders submitted after the publication of such changes.
Pre-Registration to the Site and Online Registration A copy of the valid Terms and Conditions
at the time of the order will always be available on the Site in the “Terms of Sale” section and in any case will be communicated to the Consumer by means of a file attached to the order confirmation message that the Vendor shall send to the Consumer; this file shall contain the General Conditions valid at the time of the placing of the order.
The language used to reach the agreement between the Vendor and the Consumer shall exclusively be the Italian language, no other language is allowed within the business relationship between the Parties (hereinafter used to refer to the Vendor and Consumer together).
Purchases are only allowed to people of legal age.
The agreement entered into between the Vendor and the Consumer shall be deemed to be finalized upon acceptance of the order by the Vendor, as provided under Article 9 of these General Conditions.
By placing an order, the Consumer acknowledges having read and accepted these Terms and Conditions.
No other form of finalization of the agreement than the one described above is applicable.
By registering to the Site, the Consumer provides the following information to the Vendor:
access data to the Site
e-mail address (which will also be the Consumer’s Username to access the Site);
billing information
First and Last Name;
Tax Code;
Residence: Address – Location – Province – ZIP Code;
Phone number and fax number;
delivery information (to be entered only if different from billing data)
First and Last Name;
Address – Location – Province – ZIP Code;
Telephone number, fax number and e-mail address.
Once the registration has been completed, the Site will provide the consumer with a form containing all information regarding the processing of his or her personal data (privacy), also offering the option ofwhether to provide the consent to such processing; the Consumer in order to give consent to the processing of personal data shall check the relevant boxes on the Site.
The Consumer shall be responsible for the completeness and accuracy of the data entered during registration; these data shall be updated by the same Consumer should they, in whole or in part, change, even temporarily.
The Vendor identifies the Consumer solely by means of the data entered by the same during registration, or updating of such data, so that any access to the Site, order or request, communication sent or received and, likewise, any access to orders previously processed, shall be deemed carried out by the Consumer himself.
The Consumer is obliged to carefully keep and not to disclose to anyone, especially to third parties, the authorization procedures for accessing the Site by means of his/her Username and password, as well as to change, at a frequency of at least three months, his/her password for accessing the data related to the purchases made.
Should the Consumer, as a result of loss or misappropriation or for any other reasonable cause have reason to suppose or fear that any unauthorized person may be using his or her keys to access the Site illegitimately or without authorization, he or she shall immediately notify the Vendor who shall block access and generate a new password. In case of theft, embezzlement, fear of illegitimate use in general and/or loss of credit card or other form of electronic money allowed by the Vendor for payments, the Consumer is obliged to file a report to the competent Authority providing a copy of the report to the Vendor, also in order to cooperate in the identification of the culprit. In any case, except for Vendor’s liability and its different assessment, any purchase, even if fraudulently made, shall be safe and Vendor shall not be required to refund the purchase.
All products and prices shown on the Site constitute an offer to the public with the limitations and terms highlighted on the Site itself and in these Terms and Conditions.
The Consumer may purchase only the products available in the electronic catalog of the Site at the time of placing the order.
The technical information on the products available on the Site faithfully reproduces the information provided by the manufacturers of the goods included in the catalog. The Vendor, therefore, reserves the right to change the technical information of the products to match the one provided by the manufacturers, without the need for any prior notice.
The picture accompanying the description sheet of a product may not be perfectly representative of its characteristics, and may differ in color, size, and accessory products featured in the picture, even in light of possible packaging changes made by the manufacturer of the products; all supporting information for purchase is intended as mere general information , not referrable to the actual features of each individual product.
The products sold are entirely handcrafted and therefore may have discrepancies from one another and/or otherwise slight imperfections that cannot be considered as flaws in the goods since handcrafted goods by their same nature may have imperfections that are part of the value of the goods sold.
All products marketed by the Vendor through the Site are covered by the legal warranty of 24 months for conformity defects, as provided by the Consumer’s Code. In order to benefit from warranty service, the Consumer must keep the invoice that he/she will receive with the purchased products. Products are not guaranteed for accidental damages and/or resulting from improper use.
Vendor warrants the products sold as free from any defect attributable to it, pursuant to and for the purposes, to the extent applicable, of the provisions of Sections 129,130 and 132 of the Consumer’s Code set forth below:
The Vendor has an obligation to deliver the consumer goods in accordance with the sales agreement.
Consumer goods shall be assumed as in conformity with the agreement if, where relevant, the following circumstances coexist:
(a) are suitable for the use for which goods of the same type are customarily used;
(b) are conform to the description made by the Vendor and possess the qualities of the good that the Vendor has presented to the consumer as a sample or model;
(c) present the usual quality and performance of goods of the same kind, which the consumer can reasonably expect, taking into account the nature of the goods and, where appropriate, public statements on the specific characteristics of the goods made in this regard by the Vendor, the producer or his agent or representative, particularly in advertising or on labeling;
(d) are also suitable for the particular use intended by the consumer and which has been brought to the knowledge of the Vendor by the consumer at the time of the finalization of the agreement and which the Vendor has also accepted by manifest intent.
No lack of conformity shall apply if, at the time of agreement finalization, the consumer was aware of the defect, could not have been unaware of it with ordinary diligence or if the lack of conformity arises from instructions or materials provided by the consumer.
The Vendor shall not be bound by the public statements referred to in subsection (2)(c) when he or she also alternatively demonstrates that:
(a) was unaware of the statement and could not have known it with ordinary diligence;
(b) the statement was properly corrected by the time of the conclusion of the agreementso as to be cognizable to the consumer;
(c) the decision to purchase the consumer good was not influenced by the statement.
The lack of conformity resulting from the imperfect installation?? of consumer goods is equated with the lack of conformity of the goods when the installation is included in the sale agreement and was carried out by the Vendor or under his responsibility. This equation also applies where the product, designed to be installed by the consumer, is installed incorrectly by the consumer due to a deficiency in the installation instructions. MA L’INSTALLAZIONE FORSE NON C’ENTRA CON IL NOSTRO PRODOTTO
The Vendor is liable to the consumer for any lack of conformity existing at the time of delivery of the goods.
In the event of a lack of conformity, the consumer shall have the right to the restoration, without cost, of the conformity of the goods by repair or replacement, in accordance with subparagraphs 3, 4, 5 and 6, or to an appropriate reduction in the price or termination of the contract, in accordance with subparagraphs 7, 8 and 9.
The consumer may request, at his or her option, that the Vendor repair the goods or replace them, without charge in either case, unless the remedy requested is objectively impossible or excessively burdensome compared to the other.
For the purposes of subsection 3, one of the two remedies is to be considered excessively burdensome if it imposes unreasonable expenses on the Vendor in comparison with the other, taking into account:
(a) the value the good would have if there were no conformity defect;
(b) the extent of the conformity defect;
(c) whether the alternative remedy can be pursued without significant inconvenience to the consumer.
5. Repairs or replacements must be made within a reasonable period of time from the request and must not cause significant inconvenience to the consumer, taking into account the nature of the good and the purpose for which the consumer purchased the good.
6. The expenses provided in subsections 2 and 3 refer to the costs essential to bring the goods into compliance, especially with reference to the expenses made for shipping, labor, and materials.
7. The consumer may request, at his or her option, an appropriate price reduction or termination of the agreement where any of the following situations occur:
(a) repair and replacement are impossible or excessively expensive;
(b) the Vendor has failed to repair or replace the goods within the reasonable period of time specified in subsection (5);
(c) the replacement or repair previously carried out caused significant inconvenience to the consumer.
The use of the property shall be taken into account when determining the amount of the reduction or the amount to be returned.
After notification of the lack of conformity, the Vendor may offer the consumer any other available remedy, with the following effects:
(a) where the consumer has already requested a specific remedy, the Vendor shall remain obliged to implement it, with the necessary consequences as to the commencement of the reasonable period of time referred to in paragraph 5, unless the consumer accepts the proposed alternative remedy;
(b) where the consumer has not already sought a specific remedy, the consumer must accept the proposal or reject it by choosing another remedy under this Article.
A minor lack of conformity for which it was not possible or excessively burdensome to exhaust the remedies of repair or replacement does not entitle the agreement to termination.
The Vendor is liable under Article 130 when the lack of conformity becomes apparent within two years after delivery of the goods.
The consumer forfeits his rights under Article 130, paragraph 2, if he does not report the lack of conformity to the Vendor within two months from the date he discovered the defect. Reporting is not necessary if the Vendor has acknowledged the existence of the defect or concealed it.
Unless proven otherwise, defects in conformity that become apparent within six months after delivery of the goods are presumed to have existed on that date, unless such a presumption is inconsistent with the nature of the goods or the nature of the defect in conformity.
The action aimed at asserting defects not maliciously concealed by the Vendor shall be prescribed, in any case, within the term of twenty-six months from the delivery of the goods; however, the consumer, who is sued for the performance of the contract, may always assert the rights referred to in Article 130, paragraph 2, provided that the lack of conformity has been reported within two months from the discovery and before the expiration of the period referred to in the preceding sentence. 3. For defects attributable to the producer or manufacturer of the products, the provisions of Articles 114 to 127 of the Consumer Code shall apply.
The Consumer may apply to the Vendor to enforce the warranty; the Consumer will agree with the Vendor whether to have the goods delivered to the Vendor or to a specific specialized workshop, so as to speed up the exercise of the warranty right recognized to the Consumer.
In cases where the application of the warranty provides for the return of the product, the goods must be returned by the Consumer in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment). To limit damage to the original package, we recommend, when possible, to put it in a second box; should be avoided in all cases the attachment of labels or adhesive tapes directly on the original packaging of the product.
All product prices posted on the Site are intended to be public prices and, therefore, include VAT.
The Vendor reserves the right to change prices at any time, without notice; price changes will be effective from the time of publication on the Site and only for orders submitted after the changes are published.
Prices, as indicated next to each product marketed on the Site, may be expressed per unit of product or per unit in a package containing multiple quantities of product.
The cost of delivery is not included in the price of the products but is calculated according to the provisions of Article 12 of these General Conditions.
The Consumer after registering on the Site and giving consent to the processing of its personal data, will choose the products he/she wishes to purchase; this choice will result in the selected products being placed in a virtual shopping cart. In addition, the Consumer will select the method of payment and delivery of the products.
The Consumer, having chosen the products, will be able to view the products placed in their virtual cart and then confirm the order with contextual and consequent sending of the same to the Vendor, by clicking on the virtual button called “send order”.
By placing an order, the Consumer acknowledges having read and accepted these Terms and Conditions.
The order submitted by the Consumer shall only be binding on the Vendor if the entire order process has been completed regularly and correctly without any error messages being highlighted to the Consumer by the Site.
The Vendor will not place products in the Consumer’s virtual shopping cart that were not expressly ordered by the Consumer.
Only orders for a spending amount of €1.00 or more, exclusive of delivery charges, can be accepted.
The order will be accepted, resulting in the conclusion of the purchase and sale agreement, only after the agreed price and delivery charges have been received by the Vendor. The order will also be accepted, resulting in the conclusion of the purchase and sale agreement, at the time of choosing payment by cash on delivery or collection of the products from the Vendor, if these payment and collection methods are active at the time of sending the order. The Vendor will confirm proper receipt and acceptance of the order by sending the Consumer an e-mail message to the address provided to the Site by the Consumer. The Vendor will send such message within a maximum of 3 (three) business days from the day following the day on which the order was received. The message will contain the following data:
Date and time of order receipt;
ORDER NUMBER;
products ordered;
total amount of the order;
Amount of shipping costs;
Copy of the General Conditions (as a file attached to the message).
The Consumer, no later than 2 days after receipt of the same, undertakes to verify the correctness of the data contained in the e-mail message referred to in the preceding paragraph and will promptly notify the Vendor of any corrections through the use of the problem reporting function in the order form.
Order acceptance is always subject to the availability at the Vendor of the products requested. Except where expressly indicated, all products in the catalog are available from Vendor or retrievable from Vendor in a maximum of 48 hours; however, Vendor cannot guarantee the certainty of assignment of the products ordered, given the possibility of simultaneous ordering of the same product by multiple Consumers resulting in changes in product availability.
The Vendor reserves the right not to accept the order if the Consumer does not comply with the express provisions of Article 13 of these Terms of Sale in relation to the various methods of payment.
In case of non-acceptance of the order due to unavailability of the products, the order will not be processed and the Vendor, at the latest within 3 (three) working days from the day following the day on which the order was received, will send an e-mail message to the Consumer informing him/her of the non-acceptance of the order and the consequent cancellation of the charge for the price and delivery costs.
The Consumer will be able to check the status of his or her order and past orders by accessing the area of the Site called “Order Status” after registering to the Site; orders will remain viewable on the Site for up to 12 (twelve) months following their fulfillment.
The Consumer may have the ordered products delivered to a specific address communicated by the Consumer, according to the specifications below.
The Vendor makes deliveries, by courier, only within the territory of the Italian state.
Inside the package containing the products ordered, the Vendor will include the accompanying invoice for the order, containing a list of the products purchased and their prices.
Upon delivery of the goods by the carrier, the Consumer is required to check that:
the number of packages being delivered corresponds to what is shown on the invoice;
the packaging is intact, not damaged, or wet or altered.
Any outward damage or mismatch in the number of packages or labeling must be immediately reported to the delivering carrier by affixing the words “withdrawal with reservation” on the appropriate accompanying document and confirmed within 8 (eight) days by sending a registered letter A.R. to the courier, whose address is shown on the accompanying document. In the specific case of damaged package, please, write “withdrawal with reserve because the package is damaged“. An abnormality proceeding shall be started with the Vendor by using the claims reporting function in the order form.
Once the courier’s document has been signed, the Consumer may not object in any way to the characteristics of the packages delivered, except as provided in Article 15 (Right of Withdrawal).
Even in the presence of intact packaging, the Consumer must check the goods within 8 (eight) days from the day following the day of receipt; any hidden damages or anomalies must be reported in writing by registered mail A.R. to the courier whose address is indicated on the accompanying document.
The lead times for a delivery to a specific address of the products ordered and listed below are only indicative; the indicated timeperiod may be subject to change due to force majeure, traffic conditions and road conditions in general, or by act of the Authority.
Standard shippings, unless otherwise agreed upon in writing between the Parties, will be made as follows:
orders received by 12:30 p.m., Monday through Friday (excluding holidays), will be delivered to the carrier within the next fifteen days;
orders received after 12:30 p.m., Monday through Friday (excluding holidays), will be delivered to the carrier by the sixteenth working day (excluding Saturday) following the day the order was received;
orders received on Saturdays or Sundays or holidays, will be delivered to the carrier by the sixteenth working day (excluding Saturdays) following the day the order was received.
The approximate lead time, expressed in number of working days, is as follows: 3-5 (three to five) working days starting from the delivery of the product to the carrier.
In any case, lead time may not exceed 30 (thirty) days from the day after the day the order is sent.
The shipping proceess shall only be started after the finalization of the agreement, as further specified in Article 9.5.
Shipping costs shall be borne by the Consumerandare communicated totheConsumeron the Site prior to the request to send the order; by sending the order the Consumer accepts the to pay the shipping costs communicated at the time the order is placed.
If a product does not imply a shipping cost, free shipping is indicated on the product sheet itself.
Payment for the products can be perfromed with vaious methods as indicated below. In any case, the refund shall be made with the same method in which the payment was arranged.
Credit Card
Payment by credit card shall be made jointly to the placement of the order by the Consumer.
Credit cards accepted are all those that rely on Visa, Mastercard circuits.
In case of non-acceptance of the order, the Vendor will immediately request cancellation of the transaction and release the committed amount. The time for this release depends solely on the banking system and may extend to their natural expiration (24th day from the date of authorization). Upon requesting the cancellation of the transaction, under no circumstances can the Vendor be held liable for any damages, direct or indirect, caused by delay in the failure of the banking system to release the committed amount.
The Vendor reserves the right to ask the Consumer for additional information (e.g., landline phone number) or to send copies of documents proving the ownership of the Credit Card used; in the absence of the requested documentation, the Vendor reserves the right not to accept the order.
The Vendor, at no time during the purchase process, is able to know the Consumer’s Credit Card information, as this information is typed directly into the website of the banking institution handling the transaction via a secure connection that allows communication in a manner designed to prevent interception, modification or falsification of the information. Since there is no data transmission, there is no possibility of this data being intercepted. No computer file of the Vendor contains, nor does it store, such data; therefore, under no circumstances can the Vendor be held responsible for any fraudulent or improper use of Credit Cards by third parties.
In the case of payment by Advance Bank Transfer, what is ordered by the Consumer will be kept committed on behalf of the Consumer until the transfer is received.
The Bank Transfer shall be made within 7 (seven) days from the date of the order, if 14 (fourteen) days have passed from the date of the order without the Bank Transfer having reached the Vendor, the order will be cancelled.
The bank details ifor the Transfer are the following:
Banca di Credito Cooperativo Napoli sede Chiaia
IBAN IT IT74D07110034010000012265
BIC ICRAITRRUU0
In case of non-acceptance of the order, the Vendor will immediately refund the amount paid by the Consumer to the same iban from which the transfer originated what shall be proven by sending copy of the trnsction statement from the Consumer and this in compliance with the regulations on anti-money laundering.
In case of purchase by cash on delivery, an additional fee shall be applied to the total amount of the order which shall be clearly communicated upon selection of the mode of payment. Payment shall be made to the courier with cash (exact amount, no possibility for change).
If the order is not accepted, the Vendor will immediately refund the amount paid by the Consumer to the Consumer’s Stripe and/or Paypal account or related payment method used for the transaction.
Upon requesting cancellation of the transaction, in no event shall Vendor be held liable for any damages, direct or indirect, caused by delay in the failure of Stripe and/or Paypal to release the committed amount.
The Vendor, at no time during the purchase process, is able to know the Consumer’s financial information. Since no data transmission occurs, there is no possibility of this data being intercepted. No computer records of the Vendor contain, nor do they store, such data.
For each transaction made via the Stripe and/or Paypal account, the Consumer will receive an e-email confirmation from Stripe and/or Paypal.
Pursuant to art. 59 as subsequently amended of the Consumer’s Code, the right of withdrawal is excluded because the products sold are manufactured expressly upon the order, exclusively upon direct request of the buyer, custom and/or customized.
However, swop is allowed within 7 days from order delivery, provided that:
i) the product has not been used and/or damaged;
ii) the product was not ordered with specific customizations such as 20cm heel, engraving and/or instep/middle collar foot measures; in all these cases the product is tailor-made for direct commission and cannot be changed.
The Vendor will process the Consumer’s personal data in accordance with the applicable regulations and as specified in the appropriate Notice published on the site and available by clicking here Privacy Policy.
Online Registration The Consumer may give consent to the processing of his or her personal data by checking the appropriate boxes on the Site at the end of the notice; a copy of the notice will be emailed to the Consumer
These General Conditions are governed by the Italian law and shall be interpreted in accordance with that law.
Any dispute that may arise in relation to the application, interpretation and execution of these General Conditions, shall be imperatively referred to the Judge of the place of residence or domicile of the Consumer, if located in the Italian territory; the prior mandatory out-of-court settlement of other disputes arising between the Vendor and the Consumer is provided by resorting to the competent Bodies for this purpose within the Chamber of Commerce Industry, Craft and Agriculture where the Consumer resides, as provided by Article 4 of Law 29 December 1993 n.580.
It isnotpossibletorequestordersforthesupplyofproductsona continuous or recurrent basis by using thisnegotiation instrument; the Consumer shall contact for this specific purpose the Vendor for the conclusion of a separate agreement that includes and provides the supply of products on a continuous or recurrent basis.
Complaints to the Vendor can be addressed by sending an e-mail message to info@sandalirasoterra.it, or by sending a written communication to the Vendor’s registered office and then to the address given in the heading of these terms of sale.
The Vendor does not apply any specific “Code of Conduct.”
For anything not regulated or not waived by these General Conditions, the provisions of the Consumer’s Code shall apply.
info@sandalirasoterra.it
