1. General provisions
These terms and conditions of sale (hereinafter "Terms and Conditions") apply to all sales of Don Giovanni Italian Shoes products (hereinafter "Products" or "Product") concluded remotely through the website www.dongiovanniitalianshoes.com (hereinafter the "Website").
The use of the remote sales service described in these Terms and Conditions is reserved exclusively for consumers (hereinafter "Customers" or "Customer"), understood as natural persons acting for purposes outside of their commercial, craft, business or professional activities, over the age of 18 (or if minors, with the authorisation of their legal guardians).
The languages available for conclusion of the contract through the Website are Italian, english and russian.
The Customer is called on to carefully read the Terms and Conditions that have been made available on the Website, in order to enable the Customer's knowledge, conservation and reproduction thereof pursuant to Article 12, paragraph 3, of Legislative Decree no. 70 of 9 April 2003, ("Implementation of Directive 2000/31/EC on certain legal aspects of information society services in the internal market, in particular, electronic commerce" - hereinafter "Ecommerce Decree"). The Customer, on completion of the purchase, expressly accepts all conditions included in this contract.
Contracts concluded with DON GIOVANNI ITALIAN SHOES (as defined below) through the Website are governed by Italian law and in particular by Legislative Decree no. 206 of 6 September 2005, (hereinafter the "Consumer Code"), the Ecommerce Decree, European industry regulations and relevant international treaties, to which Italy is party.
2. Identity of the seller
The seller is Solettificio Livia di Bonamini, with registered offices in Isola Rizza (Vr) in via Muselle 67, 37050, Italia, partita IVA 0203340234 (hereinafter Don Giovanni Italian Shoes).
3. Information on the products and their availability
Information relating to the Products, with their product codes, are available on the Website. This information is provided in accordance with Articles 52 and 53 of the Consumer Code.
The prices of products on the Website are expressed in Euros and are inclusive of all applicable taxes. Product prices are subject to additional delivery charges, shown separately on the order form.
The information shown on the Website does not constitute an offer by DON GIOVANNI ITALIAN SHOES.
5. Purchase methods
The essential features and prices of the products are given in the offer for each product on the Website. All shoe prices are given in Euros. Prices may vary depending on the model and the type of leather chosen.
By sending the purchase order to DON GIOVANNI ITALIAN SHOES, the Customer acknowledges and declares that he/she has read all the information provided in the purchase procedure and fully accepts the Terms and Conditions.
6. Payment methods
The Customer may pay for the Products and the delivery charge by credit card, PayPal or bank transfer.
DON GIOVANNI ITALIAN SHOES accepts payments with the following credit cards:
The transaction will be charged to the credit card of the customer only when:
(i) the credit card data has been verified;
(ii) the debit authorisation has been received from the issuer of the credit card used by the Customer
No debit will be made at the time of sending of the purchase order, notwithstanding the charge that may be required to ascertain the validity of the credit card.
If the payment of the amounts owed by the Customer is unsuccessful, for whatever reason, the purchase process and the purchase order will be automatically cancelled.
7. Conclusion of the contract
The contract between the DON GIOVANNI ITALIAN SHOES and the Customer shall be considered concluded when the customer receives confirmation from DON GIOVANNI ITALIAN SHOES that the purchase order - sent in accordance with the purchase procedure indicated on the Website - has been successful, subject to verification of Product availability and the charging of the customer's credit card when the Customer receives confirmation of receipt of payment. The purchase order submitted by the customer shall be binding for DON GIOVANNI ITALIAN SHOES only if the entire purchase procedure has been completed regularly and correctly, with no errors reported by the Website.
DON GIOVANNI ITALIAN SHOES reserves the right to only partially process the order in event of unavailability of one or more of the products ordered by the customer. In this case only the amount for the processed part of the order will be charged.
DON GIOVANNI ITALIAN SHOES is not liable for malfunctions attributable to the data transmission provider.
In accordance with the provisions of Article 53 of the Consumer Code, upon confirmation of the order or execution of the contract, DON GIOVANNI ITALIAN SHOES will send the Customer, via e-mail: a summary of the Terms and Conditions; the information relating to essential details of the products purchased; the details of the price and payment method; information on delivery charges; information on the conditions and procedures for exercising the right of withdrawal, including information on the exclusion of the right of withdrawal in the case of customised Products; the geographical address of DON GIOVANNI ITALIAN SHOES for submission of complaints; and information on support services and existing commercial guarantees. The Customer shall immediately check the content of the notification and promptly report any errors or omissions to DON GIOVANNI ITALIAN SHOES.
8. Invalidity of the purchase order
As an exception to the provisions of paragraph 7 above, no purchase order must be considered accepted by DON GIOVANNI ITALIAN SHOES and no contract between DON GIOVANNI ITALIAN SHOES and the Customer must be considered concluded if DON GIOVANNI ITALIAN SHOES has reasonable grounds to believe that the Customer:
(i) intends to purchase the Products for purposes related to their own or other people's business or professional activities, in accordance with the provisions of paragraph 1.2 of these Terms and Conditions; or
(ii) does not operate on the basis of a real and genuine interest in the purchase of the Products ordered, or
(iii) improperly exercises the right of withdrawal acknowledged in paragraph 11 below.
In such cases, the purchase order submitted by the Customer shall be without any force and effect whatsoever. DON GIOVANNI ITALIAN SHOES will send to the Customer, via e-mail, a notice stating the non-acceptance of the purchase order by the DON GIOVANNI ITALIAN SHOES and the non-conclusion of contract, and will undertake also to cancel all charges and/or expenses borne by the Customer.
9. Shipping and delivery
For security reasons the Products purchased on the Website will be sent to the address to which the credit card is registered, unless specified otherwise by the Customer, and the signature of the customer or an authorised adult older than 18 will be required at the time of delivery. Deliveries will not be made to PO boxes.
For each order completed on the Website, DON GIOVANNI ITALIAN SHOES shall issue an invoice for the Products shipped, to be sent via e-mail to the Customer pursuant to Presidential Decree 445/2000 and Legislative Decree 52/2004. The invoice will refer to the data provided by the Customer at the time of the order. No alteration can be made to invoice after its issuance.
Delivery costs are borne by the Customer and are clearly indicated on the order form.
All purchases will be shipped via DHL courier (hereinafter the "Courier") from Monday to Friday and excluding Saturdays, holidays and local or national holidays, and in any case within 20 working days after the confirmation date of execution of the purchase order. Courier delivery times may be up to a maximum of 5 further working days. DON GIOVANNI ITALIAN SHOES is not responsible for delays that are unforeseen and/or attributable only to the Courier. In case of costum products an extra week will be added to execute the order.
In any case, except in cases of force majeure or unforeseeable circumstances, pursuant to Article 54 of the Consumer Code, Products will be delivered within a maximum period of thirty (30) days from the day following the conclusion of the contract in accordance with paragraph 7.1 above, provided that DON GIOVANNI ITALIAN SHOES does not give notification - within the same period or by the last date agreed for delivery, including by e-mail - of inability to deliver the Products ordered due to sudden and temporary unavailability of the Products. In the event of such notification, DON GIOVANNI ITALIAN SHOES will refund any amounts already paid by the Customer.
Delivery of the Products requires the presence of the customer or his/her appointed representative at the address indicated in the order. At the time of delivery of the Products by the Courier, the Customer shall check:
(i) that the number of parcels is same as that reported in the delivery note (DDT);
(ii) that the packaging is intact and not damaged, wet or otherwise altered, including the sealing materials. Any damage to the packaging and/or the Product or an incongruent number of parcels or wrong information must be immediately notified in writing on the Courier's proof of delivery. Once the Customer has signed the Courier's delivery note without objection, the Customer may not thereafter file any claims regarding the external condition of the delivered package.
10. Confirmation shipping and delivery
DON GIOVANNI ITALIAN SHOES will send to the customer a confirmation e-mail once the Products.
11. Right of withdrawal and cancellation of orders
11.1. Customized shoes
DON GIOVANNI ITALIAN SHOES wishes to ensure complete customer satisfaction. The Customer agrees that with the conclusion of the contract, the product purchased is a customised product.
return, which would otherwise be available, is excluded in the case of orders for products customised through, for example, the choice of leather in the product or inscriptions such as monograms and so on. The Customer acknowledges that the images shown on the Website might be different to reality: pictures and photographs of the shoes may not represent the actual appearance of the final product.
In any case, the right of withdrawal or refund can be exercised only if the product has obvious manufacturing defects and that it is returned by the Customer not worn, used or damaged and is accompanied by the relevant original invoice and with DON GIOVANNI ITALIAN SHOES company packaging.
As this is a handmade product, defects are not deemed to include characteristics such as slight inconsistencies in colour, minor leather imperfections or small marks on the shoe due to artisanal manufacture.
The Customer may not cancel the order once DON GIOVANNI ITALIAN SHOES has issued its confirmation of acceptance to the Customer.
To exercise the right of withdrawal, the Customer must send an e-mail to email@example.com containing:
(i) the intention to exercise the right of withdrawal or return;
(ii) an indication of the products for which the customer wishes to exercise the right of withdrawal;
(iii) the order number reported by the DON GIOVANNI ITALIAN SHOES at the time of confirmation of the purchase;
(iv) a photo attesting to the manufacturing defect of the product.
When the Customer exercises the right of withdrawal, DON GIOVANNI ITALIAN SHOES will refund the full price of the Product through the method of payment used by the Customer, provided that the Product is returned by the Customer not worn, used or damaged and is accompanied by the relevant original invoice and DON GIOVANNI ITALIAN SHOES company packaging.
DON GIOVANNI ITALIAN SHOES reserves the right to refuse the return of those Products that do not comply with these requirements, or that do not have evident manufacturing defects.
The costs for the return of the Products shall be borne by the customer, including any taxes and customs duties. Any redelivery expense incurred by the Customer is not refundable.
DON GIOVANNI ITALIAN SHOES agrees to refund the Customer within and no later than 30 days from the date of receipt of notification of order cancellation or withdrawal.
It is recommended that Products be returned via a courier service, with the contents insured for their full value, and with a tracking number duly issued to allow tracking of the shipment. DON GIOVANNI ITALIAN SHOES will not be liable for the refund or compensation of products that were shipped by the customer but never received by DON GIOVANNI ITALIAN SHOES because of loss, theft or damage not attributable to DON GIOVANNI ITALIAN SHOES.
If the customer wishes to change or cancel an order already submitted, they must send an e-mail to help@Don Giovanni Italian Shoes.shoes prior to receipt of the e-mail confirmation of the order.
If a Product sold by DON GIOVANNI ITALIAN SHOES shows a manufacturing defect due to an alleged non-conformity relating to Products sold by DON GIOVANNI ITALIAN SHOES, the customer must send an e-mail to help@Don Giovanni Italian Shoes.shoes. The sale of Products is covered by legal safeguards provided for in Articles 129, 130 and 132 of the Consumer Code. The customer has the right to the restoration, without charge, of the good's pristine condition either by repair or replacement, or, if such options fail, to an appropriate reduction in price or the cancellation of the contract. The Customer loses such rights if they do not report the non-conformity to DON GIOVANNI ITALIAN SHOES within 10 days of the date of receipt of the product.
13. Errors or inaccuracies
DON GIOVANNI ITALIAN SHOES undertakes to provide constantly updated information in the sections of the Website relating to the description and/or sale of the Products. However the complete absence of errors cannot be guaranteed. The pages of the Website in question may contain typing errors, inaccuracies or omissions - for example relating to the price or availability of the product, or regarding the details of the Products themselves. DON GIOVANNI ITALIAN SHOES reserves the right to correct any errors, inaccuracies or omissions even after a purchase order has been sent and also reserves the right to change or update information at any time without prior notice.
14. Guarantee of authenticity and intellectual property rights
DON GIOVANNI ITALIAN SHOES guarantees the authenticity of all the Products purchased on the Website. Don Giovanni Italian Shoes branded Products are made with the finest materials, assembled by craftsmen, and are all rigorously and wholly MADE IN ITALY.
The Don Giovanni Italian Shoes brand, as well as the set of figurative and non-figurative trademarks and service marks on the Products, related accessories and/or packaging, shape trademarks, whether registered or not, as well as all illustrations, images and logos protected by copyright, and more generally, all the intellectual property rights relating to the Products are and remain the exclusive property of the company Solettificio Livia di Bonamini.
15. Applicable law and competent court
These Terms and Conditions are governed by Italian law and shall be interpreted in accordance with Italian, Community and international laws.
Don Giovanni Italian Shoesputes arising from the interpretation, validity and/or execution of these Terms and Conditions shall be subject to the exclusive jurisdiction of the court of Verona.
16. Online Don Giovanni Italian Shoespute resolution for consumers
The consumer resident in Europe must be aware that the European Commission has established an online platform for alternative Don Giovanni Italian Shoespute resolutions that provides for an out-of-court method to solve any Don Giovanni Italian Shoespute related to and stemming from online sale and service contracts. As a consequence, if you are a European consumer, you can use such platform for resolving any Don Giovanni Italian Shoespute stemming from the online contract entered into with the Owner. The platform is available at the following link (http://ec.europa.eu/consumers/odr/). The Owner is available for any questions via the email address posted under the Owner's information in this document.
For assistance on how to purchase online or for more information on DON GIOVANNI ITALIAN SHOES products, the Customer may contact Customer Support DON GIOVANNI ITALIAN SHOES at the following e-mail address: firstname.lastname@example.org
The Customer may contact DON GIOVANNI ITALIAN SHOES by post at the following address:
Via Muselle 67
37050 Isola Rizza (VR)