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Terms and conditions

GENERAL CONDITIONS OF SALE

 

General provisions

These Terms of Sale indicate the terms and conditions that will apply to the purchase of Products through the Site. Please read the Terms and Conditions of Sale carefully before placing an Order. When placing an Order through the Site, by confirming that you have read and accepted the Conditions of Sale, you declare that you unconditionally accept the conditions and terms specified below.

 

Identity and contact details

The company ORIGINAL MOCASSIN S.R.L. with registered office in Via Taverna Bianca 83040 Frigento (AV) P.I.: 02814050643, C.F.: 02814050643, e-mail shop@caloshoes.it; Pec: originalmocassin@pec.it; registered at R.E.A. AV-185197, share capital €10,000.00 fully paid up.

Any communication by the Consumer connected and/or related to the purchase of the Products – including any reports, complaints, requests concerning the purchase and/or delivery of the Products, the exercise of the right of withdrawal, etc.. – shall be sent to the Seller at the addresses and in the manner indicated on the Site and at the address shop@caloshoes.it.

 

Article 1: Definitions

Products: means the goods offered for sale and described on the Site.

Site: means the web domain www.caloshoes.it and all sub-domains connected to it. Any links inserted within the pages of the Site that refer to Sites external to www.caloshoes.it for which the Seller is not responsible are excluded.

Order/Contract: means the Purchase Order through which the Customer authorises the Seller to deliver the ordered goods at the pre-established price.

Order Confirmation: means the MAIL with which the Seller confirms the Purchase Order made by the Customer through the Site.

Consumer/Customer: by these terms is meant any natural person who makes purchases for purposes unrelated to the entrepreneurial, commercial, artisan or professional activity eventually carried out.

Seller: by www.caloshoes.it, “we” and “the Seller” mean the company ORIGINAL MOCASSIN s.r.l., with registered office in Via Taverna Bianca 83040 Frigento (AV), P.I.: 02814050643.

You: we mean you, our Customer.

 

Article 2 Object of the contract

With these general conditions of sale, ORIGINAL MOCASSIN sells and the CUSTOMER buys at a distance the goods indicated and offered for sale on the website www.caloshoes.it. The contract is concluded exclusively through the Internet, through the access of the CUSTOMER to the address www.caloshoes.it and the realization of a purchase order according to the procedure provided by the website itself.

The CUSTOMER undertakes to read, before confirming his order, these general conditions of sale, in particular the pre-contractual information provided by ORIGINAL MOCASSIN S.r.l. and to accept it by affixing a flag/check in the box indicated.

In the order confirmation e-mail, the CUSTOMER will also receive the link to download and archive a copy of these general conditions of sale, as provided for by art. 51 paragraph 1 of Legislative Decree 206/2005, modified by Legislative Decree 21/2014.

 

Article 3 – Pre-contractual information for the consumer – Article 49 of Legislative Decree 206/2005

The characteristics of the products sold on the Site are described within the same. The Products are sold according to the Conditions of Sale published on the Site at the time the Order is sent by the Consumer Customer, excluding any other condition or term.

The Seller undertakes to make every reasonable effort to ensure that the prices and information relating to the Products sold on the Site are updated and correct. It is not guaranteed or assured, however, that each product is available for purchase through the Order.

The Seller reserves the right to make changes to the information about the Products displayed on the Site at any time and without prior notice regarding the description, availability or prices of any Product for which you have received an Order Confirmation.

Changes to these Conditions of Sale will only apply to sales made from that date.

In order to make purchases through the Site, the Consumer must be of legal age (18 years of age) and have the capacity to act, which the Consumer declares to possess.

The purchase of Products on the Site is reserved exclusively for Consumer customers. The term “Consumer” means any natural person who makes purchases for purposes unrelated to the entrepreneurial, commercial, artisan or professional activity they may carry out.

Persons who are not Consumers are invited not to carry out purchase orders. If one or more sales are made to a person who is not a Consumer, these Conditions shall apply, but in derogation to what is provided for in the same:

  1. a) the Professional will not be granted the right of withdrawal;
  2. b) the Professional will not be able to benefit from the guarantee on the Products;
  3. c) the Professional will not be granted any other protection, provided herein in favour of the Consumer, which reflect or comply with mandatory legal provisions;
  4. d) the sales contract concluded between the Seller and the Professional shall be governed by Italian law, with the exclusion of the Vienna Convention of 1980.

In consideration of its commercial policy, the Seller reserves the right not to accept proposals of purchase orders from parties other than the “Consumer” or in any case proposals of purchase orders that do not comply with its commercial policy, such as, for example, proposals of orders for which there is a report, or suspicion, of fraudulent or illegal activities. In such cases, the Seller will notify the user of the non-acceptance of the order proposal.

All order proposals sent to the Seller and returns made by users must also correspond to normal consumption needs. The Seller, therefore, monitors the number of order proposals transmitted and returns made.

The General Conditions of Sale do not regulate the supply of services or the sale of products by parties other than the Seller who are present on www.caloshoes.it through links, banners or other hypertext links.

We advise you, before placing orders and purchasing products and services from parties other than the Seller, to check their conditions of sale, because the Seller is not responsible for the supply of services by third parties other than the Seller or the conclusion of e-commerce transactions between users of www.caloshoes.it and third parties.

These Conditions of Sale, together with your Order Confirmation, represent the contract for the supply of Products between the aforementioned parties. No other conditions or terms shall apply and the contract shall not be subject to any modification, except those agreed in writing or by e-mail.

A copy of these Terms of Sale may be stored electronically or printed by all users of our Site.

Article 4 – Conclusion and effectiveness of the contract

The Products are offered to the public on the Site. The Customer selects the product and to make the purchase enters it into the virtual shopping cart through the “ADD TO CART” button. Once the virtual cart is open, the Customer will select “PAY”. The Consumer will be invited to register on the Site, providing the requested data, or to login, if the Consumer is already registered, or to provide his/her own data in order to complete the order and allow the contract to be finalised. It will also be possible for the Customer to save his/her favourite products in a WISHLIST.

Please also note that by registering on www.caloshoes.it you automatically accept the subscription to the newsletter. However, it will be possible to unsubscribe from the mailing list.

The Consumer will be asked to choose the shipping method and the payment method, among those available. Subsequent to the sending of the Order in the manner described above, the Purchaser shall receive from the Seller, at the email address declared by the Purchaser to the Seller, an Order acceptance email containing a summary of the order placed and a description of the characteristics of the Product ordered.

The transmission of the order proposal to the Seller constitutes a binding purchase proposal for the user.

Once your order proposal has been transmitted, you will receive an automatic e-mail from the Seller to confirm receipt of your order proposal. The receipt of the aforementioned email does not constitute acceptance of your order proposal.

The contract is concluded when your order proposal is accepted by the Seller.

You can access your order proposal form by consulting the “ORDERS” section.

The language available to conclude the contract with the Seller is Italian.

The Seller may not accept your purchase order proposals that do not give sufficient guarantees of solvency or that are incomplete or incorrect or in case of unavailability of the products.

In these cases, we will inform you by e-mail that the contract has not been concluded and that the Seller has not accepted your purchase order proposal specifying the reasons. If the products, presented on www.caloshoes.it, are no longer available or on sale at the time of receipt or processing of your purchase order proposal, the Seller will inform you, promptly and in any case within ten (10) working days from the day after you have sent your order proposal to the Seller, of any unavailability of the products. If you have already paid the price for the products, the Seller will refund or replace the goods with a product other than the one purchased, and the sales contract will be considered terminated/renewed.

The Seller also reserves the right not to accept proposals for purchase orders in the cases referred to in Art. 3.

 

WARNING: by telematic transmission of the order proposal, you unconditionally accept and undertake to observe these General Conditions of Sale in relations with the Seller. If you do not agree with some of the terms contained in the General Conditions of Sale, please do not submit your order proposal for the purchase of products on www.caloshoes.it.

By submitting your order proposal, you confirm that you are aware of and accept the additional information contained in www.caloshoes.it, also referred to via links, including the General Conditions of Use and Privacy Policy and the Right of Withdrawal Policy.

 

Article 5 – Legal guarantee of conformity

The Seller guarantees the Customer that the Products will be free of design and material defects, as well as in compliance with the descriptions published on the Site, for a period of 2 years from the date of delivery of the same to the Consumer, pursuant to and for the purposes of European Directive 44/99/EC and Italian Legislative Decree no. 206/2005 “Consumer Code”.

The application of any warranty is excluded in case of use or washing of the Product that does not comply with the Product’s own use or washing and with the relevant instructions/warnings provided by the Seller and/or the Owner, or reported in the illustrative reference documentation, tags or labels. The Customer is obliged to report any defects and non-conformities within and no later than 8 (eight) days from discovery, under penalty of forfeiture of this warranty, by sending an email to shop@caloshoes.it.

All products sold by www.caloshoes.it are covered by the legal warranty of twenty-four (24) months for defects of conformity, in accordance with applicable law.

The Seller does not sell used products, irregular or of inferior quality to the corresponding standards offered on the market.

The essential characteristics of the products are presented on www.caloshoes.it within each product sheet. However, the images and colours of the products presented on www.caloshoes.it may not correspond to the real ones due to the Internet browser and monitor used.

Article 6 – Prices      

All sales prices of the products indicated on the website www.caloshoes.it are expressed in euros.

Product prices may be subject to updates. Please check the final sale price before submitting your order proposal. In the event that a recognisable error is found in the indication – by www.caloshoes.it – of the price of a product or in the calculation of the amount requested in payment, www.caloshoes.it will not accept the order proposal and will contact the user in order to offer the opportunity to transmit the purchase order proposal for the product(s) at the correct price.

 

Special offers and promotions      

Any special offers or promotions offered by www.caloshoes.it are valid until their expiry date or until the products covered by the promotion are sold out.

 

Discount code – Coupon    

The discount code represents a special promotion offered to Customers; it can be reserved to anyone, only newsletter subscribers or customers, in the last two cases Customers will receive the discount code by e-mail. The discount code is valid for a specific period, which will be clearly indicated in the email or on the homepage. Each discount code can be used only once unless otherwise specified.

Shipping costs are not included in the purchase price, but are indicated and calculated at the time of conclusion of the purchase process before payment is made.

The Customer is given the possibility to register even only for the newsletter in order to be promptly informed about discount codes and promotions through the “subscribe to the newsletter” button.

 

Article 7 – Methods of payment

Any payment by the CUSTOMER can only be made by means:

Paypal: the customer can make the Paypal payment at the end of the order, using a personal paypal account or choosing not to register to the paypal service and pay securely by credit card or prepaid. For details and how to register please visit www.paypal.it. If payment is not made within 2 days from the date of order, unless otherwise agreed between the customer and ORIGINAL MOCASSIN s.r.l., the order will be cancelled without notice.

For information only, but not binding, the prices of transport costs are indicated:

For shipments in Italy and EU:

Shipping costs are to be paid by the seller.

For shipments in Europe-extra EU:

For orders up to €299,99: €15,00;

For orders over €300,00: shipping charged to the seller

For shipments to USA-Canada:

For orders up to €299.99: €15.50;

For orders over €300.00: shipping at seller’s expense

For shipments to the Far East (China, Hong Kong, Japan, Korea, Singapore):

For orders up to €299.99: €35.00;

For orders over €300.00: shipping at seller’s expense

For shipments to Quatar, Saudi Arabia, United Arab Emirates:

For orders up to €299.99: €45.00;

For orders over €300.00: shipping at seller’s expense

For shipments to Africa, Asia and Oceania:

For orders up to €299.99: €60.00;

For orders over €300.00: shipping at seller’s expense

Locations not included in the above mentioned areas:

For orders up to €299.99: €60.00;

For orders over €300.00: shipping at seller’s expense

 

WARNING: Customs costs for orders from outside the EU are fully borne by the buyer.

 

The CUSTOMER accepts the right of ORGINAL MOCASSIN S.r.l. to modify its prices at any time, however the goods will be invoiced on the basis of the prices indicated on the site at the time the order is created and indicated in the confirmation e-mail sent by ORGINAL MOCASSIN S.r.l. to the CUSTOMER.

In the event of a computer, manual, technical or any other error that could lead to a substantial change, not foreseen by ORGINAL MOCASSIN s.r.l., in the price of sale to the public, which makes it exorbitant or clearly derisory, the purchase order will be considered invalid and cancelled and the amount paid by ORGINAL MOCASSIN s.r.l. will be refunded within 14 days from the day of cancellation.

 

Article 8 – Delivery methods

ORGINAL MOCASSIN S.r.l. sends by express courier DHL for which the goods are delivered according to the terms and modalities specified in the website www.dhl.com, therefore in case of wrong address or non-receipt of the parcel in the indicated place, ORGINAL MOCASSIN s.r.l. reserves the right to charge the customer for any storage costs.

Special conditions and delivery terms must be agreed in advance by e-mail or telephone between the Customer and ORGINAL MOCASSIN S.r.l. and accepted by both parties.

The goods travel in any case on behalf and at the risk of the CUSTOMER.

ORGINAL MOCASSIN S.r.l. will not be therefore responsible for any delays or damages deriving from the transport. In case of refusal of the package, ORGINAL MOCASSIN S.r.l. can ask the customer for the full amount of the shipping costs and the cost incurred for the return to the sender of the package.

ORGINAL MOCASSIN s.r.l. reserves the right to make the delivery of the products related to the same order in several deliveries without further charges to the customer.

 

Article 9 – Liability

ORGINAL MOCASSIN s.r.l. does not assume any responsibility for inefficiencies due to force majeure or fortuitous circumstances, even if they are due to malfunctioning and inefficiency of the internet network, in the event that it is not able to execute the order within the time limits set out in the contract.

 

Article 10 – Cookies

The website www.caloshoes.it uses ”cookies”. Cookies are electronic files that record information relating to the CUSTOMER’S navigation in the site (pages consulted, date and time of consultation, etc.) and that allow ORGINAL MOCASSIN S.r.l. to offer a personalised service to its customers.

 

Article 11 – Integrity

These General Terms and Conditions of Sale are made up of all the clauses that make them up. If one or more provisions of these General Terms and Conditions of Sale are considered invalid or declared invalid by law, regulation or following a decision by a court having jurisdiction, the other provisions shall remain in full force and effect.

Article 12 – Privacy

The personal data requested when registering with the site and placing an order will be processed – both manually and by automated means – in full compliance with current legislation (Legislative Decree 196/03) and will in no case be transferred to third parties. It is possible to request their cancellation or modification at any time. The refusal by the Customer to provide personal data and to authorize its processing will make it impossible for the business relationship.

Owner and Manager of the data collected is ORGINAL MOCASSIN s.r.l. – Via Taverna Bianca 83040 Frigento (AV).

 

INTELLECTUAL PROPERTY

The Consumer declares to be informed that all trademarks, names, as well as any distinctive sign, name, image, photograph, written or graphic text used on the Site or relating to the Products are and remain the exclusive property of the Seller and/or its assignees, without the Consumer having any rights over them from accessing the Site and/or purchasing the Products. The contents of the Site may not be reproduced, either entirely or partially, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of the Seller.

 

Article 13 – Applicable law and competent jurisdiction

These General Conditions of Sale are subject to Italian law.

Any dispute that cannot be amicably settled shall be submitted to the exclusive jurisdiction of the Court of Avellino.

In any case, it is possible to have recourse, on an optional basis, to the mediation procedures provided for by Legislative Decree 28/2010, for the resolution of any disputes arising in the interpretation and execution of these Terms and Conditions of Sale.

 

This text has been translated via the machine translation system DeepL (https://www.deepl.com). For any kind of misunderstanding related to the translation methods, reference should be made to the text written in the Italian language.

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