Terms and conditions
Users in the use of the services offered by Filliesandboots.com declare that they accept the general conditions of the contract indicated below. The site is managed and maintained by Devuais Srl unipersonale, based in San Marcellino, Caserta. The offer and sale of products on the website are governed by these General Conditions of Sale, as well as, as they are not expressly provided for, by art. 1470 and following of the Italian civil code and by the D. L. Vo 06.09.2005, n. 206 (“Consumer Code”), which expressly refer to, within compatibility limits, the whole Part III, title III, sec. II (arts. 50-61), relating to distance contracts. For any further information and clarification, or in case of complaints, you can contact us at the email address email@example.com.
Information about filliesandboots.com
Filliesandboots.com is a website owned by Devuais Srl, the company that developed the platform of the site and that sells custom-made women's shoes handmade in Italy. Through the Site, the Customer can create and purchase custom shoes based on its physical characteristics and his personal tastes, in addition to seeking information on the brand Fillies and boots.
1.1 The “Site” is the website www.filliesandboots.com
1.2 “Customer” is the person who makes the purchase on the Website, entirely accepting the General Conditions of Sale
1.3 “Holder” of Filliesandboots.com is Devuais Srl unipersonale, a company registered at the Register of Enterprises of Caserta n. EC-310998 –F. C. and VAT NUMBER 04248070619
1.4 “Order” is the request form of the goods on sale, filled in by the customer through the Site
1.5 “Products” are the goods offered for sale on the Site, according to the General Conditions of Sale
1.6 “Price” is the consideration for the sale of goods
1.7 “Contract” is the Contract which has for object the sale of products at a distance, according to the General Conditions of Sale
1.8 “Parties” are Devuais Srl unipersonale and the Customer
1.9 "Production time" estimated time required for the order fulfillment
- COMMERCIAL POLICY
2.1 The products offered on the Website are directly sold and guaranteed by Devuais Srl unipersonale.
2.2 Devuais Srl unipersonale carries on its activity of e-commerce merchant towards consumer Customers, i.e. only to persons who do not act in the capacity as commercial entrepreneurs.
2.3 As regards all the persons qualified as professionals, the publishing of Products on the Site does not represent a contract proposal. Devuais Srl unipersonale reserves the right not to follow up Orders coming from subjects that are not “consumers” within the meaning of applicable laws and, in particular, of the D. L. vo n. 206/2005. 2.4 In this case, these orders will count as mere suggestions, that Devuais Srl unipersonale, at its own discretion, may decide whether to accept or not. The present conditions of sales are not applied to these kind of contracts, since they are exclusively reserved to the protection of consumers.
- MODE OF PURCHASE
3.1 The Products are sold by Devuais Srl unipersonale, in accordance with the terms and conditions declared by the present General Conditions of Sale published on the Site at the time of the Order.
3.2 To conclude the purchase contract of one or more Products on the Site you must fill in the electronic Order form and send it telematically, following the relevant instructions on the site. In order to transmit the order the Customer confirms to know and to accept the terms and conditions of sale and any additional information contained in the website. The Contract is concluded when Devuais Srl unipersonale receives the Order duly completed by the customer and verifies the correctness of the compilation.
3.3 Once the Contract is concluded, Devuais Srl unipersonale will send an e-mail to the address indicated by the Customer containing a Receipt of the Processing of the Order, summarizying all the information already contained in the order form, with a request to verify the existence of any errors in data entry. This Receipt has the value of a communication pursuant to art. 52, D. L. Vo n. 205/2006.
3.4 The Holder will check the information contained in the order form, giving the Customer the possibility to check together the correctness of the same, via the indicated mobile number or email address. If the Customer gives no answer to the Holder within 3 days from the receipt of the Order, the Order will be fulfilled with information and measures inserted in the Order Confirmation.
3.5 Any suggestion given to the Customer about measures is only indicative and in no case the Holder will be responsible for the measures chosen during the Order placement or during the Order confirmation of point 3.6, they are completely at the Customer's discretion.
3.6 Prices and Products are subject to variations, that will be given a notice on the Site, and the effect of which will be valid from the date of the notice on the Website. Pictures and colors of the products are only indicative of the type and quality of the leather.
3.7 The Order is executed in the terms specified in the summary page and in the email of Order Confirmation, and it is subject to the availability of the product ordered. The Owner can not be held responsible for the damages suffered by the User due to delays in delivery that do not depend on circumstances foreseeable by the parties at the time of sending of the Order Confirmation.
3.8 Any request for modification or cancellation of the order must be received no later than 24 hours after the date of the Order Confirmation. After 24 hours, if the order has already been processed, the cancellation will not be possible.
3.9 Production times are estimative and only indicative. They may be substantially extended during particular periods of the year (promotions, holidays) and when demand is very high. Delays due to extended time of production do not constitute grounds for termination of this Contract, unless the delay exceeds a period of time equal to 60 days to be calculated from the expiry of the previously agreed delivery term.
4. PRICES, SHIPPING COSTS, AND TAXES
4.1 The price of the Products is that indicated on the Site at the same time the order is sent by the Customer. The prices are inclusive of costs of standard packaging, VAT (where applicable) and any indirect taxes (if applicable), but they do not include the shipping costs that are calculated before the order confirmation transmitted by the Owner to the Customer and the Customer undertakes to pay to the Holder in addition to the price indicated on the Website.
4.2 The Customer will then be required to pay the total price, as reported in the Order and in the Receipt of processing of the Order sent by e-mail by the Owner to the Consumer.
4.3 In case the Products are to be delivered in a country not belonging to the European Union, any customs and import fee shall be borne by the Customer. The customs duties and any taxes that may be required vary according to the Country of destination, and are applied at the arrival of the goods in the Country itself. Any taxes or duty fees incurred by shipping extra-EU addresses are the sole responsibility of the customer and these costs cannot be reclaimed from the Owner.
The Customer is therefore requested to check with the relevant authorities in the country of residence or destination of products, in order to obtain information about any duties or taxes that shall be applied.
4.4 Are the sole responsibility of the Customer, any additional cost, charge, tax and/or duty that a given Country may apply, in any title, to the ordered Products according to the present general conditions of sale.
4.5 The Customer declares that the lack of knowledge of the costs, charges, duties, fees and/or taxes referred to in the preceding paras. 4.3. and 4.4., at the time of sending an Order to the Owner, do not constitute grounds for termination of this Contract and that in no case these expenses could be charged to the Owner.
4.6 In the event of non withdrawal within the time period established by the carrier, the products will be returned to the Owner, who will send the order for a second delivery only after the payment of the new shipping costs, customs and any import fee as per point 4.5. If the Customer refuses the payment and new delivery, the Order will not be refunded. This event does not constitute grounds for termination of this Contract.
4.7 Delays due to extended time of delivery do not constitute grounds for termination of this Contract, unless the delay exceeds a period of time equal to 90 days to be calculated from the expiry of the previously agreed delivery term.
5.1 The payment can be done by Credit Card, Prepaid Card, PayPal or Bank Transfer. The Owner may allow additional payment methods, indicating them in the payment section of the Site according to the Location of the Customer.
5.2 The payment of the price of the Products purchased through the Site via Bank Transfer must be carried out within the essential term of 3 days from the date of transmission of the Processing of the Order by the Owner to the Customer. The Customer expressly accepts that the execution of the contract by the Owner will only start at the moment of crediting of the price of/the Product/s purchased/s on the current account of the Owner of the same. In case of missing proof of payment within these terms, the Owner can proceed with Order Cancellation.
5.3 If the payment is made by credit card, the data transmitted will be sent in secure mode, through the transfer of encrypted data with SSL (SecureSocketLayer) to 128 bits. These data are not accessible even to the Owner.
6.1 Deliveries will be made in the terms specified on the Website and reported in the summary of the order. At the delivery, the Customer must verify the content specifying within the form acceptance form if there were anomalies. If the packaging or boxing of the products ordered by the Customer should arrive at your destination clearly damaged, the Customer is invited to refuse the delivery by the carrier/courier or to accept the delivery “with reservation”.
6.2 The Owner can not be held responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase order from the User, for any damage occurring to Products after delivery to the carrier or for delays in delivery attributable to the carrier.
6.3 In the event of non delivery within the attempts period established by the carrier, the Order will be held in stock in the Postal Office closest to the delivery address for a period of 10 working days (for Italy, for other destinations it depends). During this period the Customer will be responsible for collecting the Order at the indicated Postal Office. If the Order will not be collected, it will be returned to the Owner, who will send it for a second delivery, after the payment of the new shipping costs. This event do not constitute grounds for termination of this Contract.
- RIGHT OF WITHDRAWAL
7.1 The Products sold on this Site are customized and realized according to Customer requirements, since he can choose between different combinations that adapt to its physical conformation and its personal tastes, back then in the case provided for by art. 59 (c) of the Consumer Code, “Exceptions to the right of withdrawal”). Therefore, it will not be possible to cancel the Order once the e-mail Confirmation of the Order is sent by the Owner. However, if the customer is not satisfied he may require rework of the order at its own expenses within 7 days from the receiving of the same, by sending an email to the address firstname.lastname@example.org with the subject “Request for re-order”.
He will be given directions related to the costs of rework required and the costs of return and new delivery of the Product, as well as a confirmation of the feasibility of a rework. In this case, the customer must commit to returning the item in its original packaging including all accessories, such as the protective bag, with the related expenses of the return at its own expenses and within 7 days by mail of acceptance of rework. It won’t be accepted to rework products that are damaged or used, even only in part, therefore, the customer must verify that there is no sign of use.
- RETURN FOR DAMAGED, DEFECTIVE OR INCORRECT ARTICLES
8.1 If the Customer has received a product damaged, defective or incorrect, he may request the exchange of the item within 7 days from the receiving of the order. To request the return and exchange, the Customer can send an email to the address email@example.com inserting as the subject of the email "Defective or damaged product or incorrect delivery”, and attaching one or more images of the article, where it is clearly visible the defect or the non-compliance with the order made by the customer. The shades or the texture of the leather, due to the naturalness of the same, which might appear slightly different from what is displayed on the screen, will not be considered as defects. Defects or damage due to wear and normal use of the product in no case are included in this record and, therefore, will not be possible to request the return of the Product that is concerned.
Only Products that are not used will be accepted, therefore we reserve the right to refuse the exchange if the Product has obvious signs of use.
8.2 In case the return has been accepted, the customer will receive an e-mail confirmation containing the return form and instructions for returning the article, at the expense of the Owner. The Product must be returned in its original packaging including all accessories, for example the protective bag, and no damaged or used items, even only in part, will be accepted, therefore the customer must verify that there is no sign of use.
8.3 Once the Product has been received, before proceeding to the exchange of the faulty or wrong item the Owner will carry out the appropriate quality controls, to verify the actual non-conformity of the returned product. In the case where the non-conformity of the product is ascertained, the Onwer will proceed with the fulfillment of a new product.
If the returned product will not be found to be in line with the above-mentioned conditions, the exchange will not be made and the Customer may request to return the Product only at its own expense.
- OBLIGATIONS OF THE CUSTOMER
9.1 During the process of purchase, the Customer shall release all the data necessary for the execution of the Order, shipment, and delivery of the Products, i.e. personal information, personal address and any other information useful to the execution of the Order, and he undertakes to communicate correct, accurate and complete data. Registered Users can turn off and request the cancellation of their account through the website interface or by directly contacting the Owner. The Holder, in the case of a breach of these Terms, reserves the right to suspend or terminate the User's account at any time and without notice.
9.2 The customer will pay the Price of Products purchased and will keep a copy of the receipt of the order sent by www.filliesandboots.com to the e-mail address indicated at the time of the Order.
10. FORCE MAJEURE
10.1 The Parties shall not be liable for delay in the performance of their obligations, under the Contract, if such delay is caused by circumstances beyond their reasonable control. The Part in delay due to force majeure will be entitled to an extension of time necessary to fulfill such obligations.
- COPYRIGHT AND TRADE MARKS
11.1 Marks, logos and other distinctive signs of any kind used in the Site belong to their respective owners.
11.2 It is strictly prohibited to use the trademarks, logos and other distinctive signs – including reproduction on other websites – by unauthorized third parties.
11.3 The contents of this Website (texts, graphics, animation and images) are protected by copyright.
12.1 The User agrees to indemnify the Holder (as well as any companies controlled or affiliated companies, its representatives, administrators, agents, licensors, partners, and employees) from any obligation or responsibility, including any legal costs incurred to defend against the judgment, which may arise in the face of damage caused to other Users or to third parties, in relation to the uploaded content online, the violation of the terms of the law or of the terms and conditions of these terms of service.
13.VARIATION Of AGREEMENT
13.1 This Agreement constitutes the entire agreement between the Parties regarding the subject matter, together with the Order, these General Conditions of Sale, those related to the registration service and the legal notes.
13.2 Any variation or modification of the Contract must be accepted in writing by both Parties.
14.1 All communications between the Parties must be made in writing and sent to the address of the other party indicated in the contract and in the Order. They are intended to be sent as written all the communications sent to the email address of the other party, indicated on the Website and in the Order.
- LANGUAGE, APPLICABLE LAW AND place of JURISDICTION
15.1 The Contract of sale is drawn up in Italian and English, with the dominance of the Italian language version, in case of doubt or discrepancy.
15.2 The contract shall be governed by and construed in accordance with Italian laws.
15.3 Any dispute related to sale Contracts concluded pursuant to these General Conditions will be competent the court of Naples North.
16.1 The General Conditions of Sale can be modified also considering possible regulatory changes. The new General Conditions of Sale shall be effective from the date of publication on the Website.
16.2 It is assumed, in accordance art. 1341 c.c., that the Customer is aware of the General Conditions of Sale in force at the time of purchase.