1.1. The sale of products offered on the website www.cardinalescarpe.it (hereinafter, the “Website”) is governed by these general terms and conditions (hereinafter, the “General Terms”).
1.2. Cardinale S.n.c. di Lattanzio Anna & C., with registered office in via Belfiore 9, 20145 Milano (MI), registration number with the Company Register of Milan and VAT nr. 03831450964 (hereinafter, “Cardinale” or the “Seller”) sells on the Website different kind of products (hereinafter, the “Products”), which from time to time may be discretionally varied by the Seller, which can be distinguished in: (i) standard products, that is products which do not require to be tried by the clients, such, as by mere way of example, leather goods, bags, cleaning and/or leather care products and gift cards (hereinafter, the “Standard Products”); and (ii) shoes (hereinafter, the “Shoes”), which Cardinale offers seasonally in different models and sizes, depending on client’needs; for each Shoe’s model, in particular for each ‘classic’ man model, Cardinale normally includes in its collection a range of ergonomic Shoes that take into account the different characteristic of the feet (sole width, feet neck heights, etc.), with the purpose to help the client to choose the Shoes which he likes the most, but at the same time, which fits him better.
1.3. The Products are sold directly by Cardinale S.N.C. di Lattanzio Anna & C.
1.4. Cardinale reserves the right to apply to one or more Orders, as defined under section 3.4., further specific terms and conditions, which will be detailed in the order summary when the Client receives confirmation of the Order (hereinafter, the “Special Provisions”). In this case, terms and conditions applicable to the relevant Order will be these General Terms plus the Special Provisions. Should the first be in conflict with the latter, then the Special Provisions shall prevail and the General Terms which are inconsistent with such Special Provisions shall not be applied.
1.5. Cardinale reserves the right to modify and amend these General Terms at any time. Any amendments shall be effective as of the date of their publication on the Website, without prejudice for any Order already accepted by Cardinale, which, therefore, will continue to be governed exclusively by the General Terms and Special Provisions in force when the purchase procedure was completed.
Section 2. – Our commercial policy – Limitations to the sale and shipping of Products
2.1. The Products shown on the Website are offered for sale to exclusively individuals, who act for purposes which do not fall within the scope of a commercial, industrial and/or professional activity (hereinafter, the “Clients”). Hence, retailers, wholesalers and anyone who intends to purchase the Products in order to resell them are not entitled to purchase on the Website.
2.2. In light of the above, Cardinale reserves the right to refuse any Orders originated by subjects other than the Clients and to fix, for each category of Products and for each Client, a maximum number of purchasable Products. The Client whose Order is refused will receive an e-mail notifying the non-acceptance of his/her Order and, therefore, the non-completion of the purchase.
2.3. In order to pursue the best satisfaction of the Client and to minimise the return of the Products, Shoes may be purchased exclusively by Clients who have already tried them in the store, even though they tried a different model than the Shoes to be ordered online. In fact, while the Client is trying any kind of Shoes in the store, the personnel of Cardinale will fill in a Client’s sheet, with all the relevant information about his feet (for example, size, sole’s width, feet neck’s height), with the purpose of offering to the Client a Shoe’s model which is best suitable to the specific characteristics (hereinafter, the “Registered Clients”). In this respect, Cardinale advises the Client to purchase through the Website Shoe’s model which he has already tried in the store. In this case, Cardinale, whenever possible, will send to the Registered Client the same Shoes tried but not purchased directly at the store.
2.4. On the contrary, both Clients and Registered Clients are entitled to purchase Standard Products.
2.5. The Client acknowledges and agrees that Products may be delivered only to the countries listed under section 6.1. hereunder. Both the invoice and delivery address shall be related to the same country.
2.6. The Client acknowledges and agrees that, for security reasons, Orders cannot be delivered to PO boxes or to unidentifiable recipients or addresses.
2.7. Online sale on this Website is reserved to aged 18 years or elder only. Cardinale is not compelled to verify Clients’ age nor any further reasons of lack of capacity to act. In this respect, Cardinale requires that the Client expressly declares to be 18 years old or elder under his/her responsibility.
2.8. In case of breach of the above provisions, or in any case of Orders which may be considered irregular (despite of the Client’s age) in relation to the quantity of Products requested or to the frequency of the purchases made, Cardinale hereby reserves the right to refuse the Order and to undertake any actions necessary to make the irregularity cease.
2.9. Moreover, Cardinale hereby reserves the right to refuse or cancel Orders coming from: (i) a Client with whom Cardinale has a pending litigation; (ii) a Client who breached the terms and/or conditions of a previous purchase agreement with Cardinale; (iii) a Client involved in any kind of frauds and, in particular, in frauds concerning payments by credit cards; or from (iv) a Client giving false or inaccurate information.
2.10. Any and all notices to the Client shall be directed by Cardinale to the e-mail address indicated by the Client during the purchase procedure. The Client shall promptly inform Cardinale in writing of any amendments to such address.
Section 3. - Selection of Products and completion of Orders
3.1. Each Product offered for sale is described and displayed on the Website, where the Client may find Products’ images, unit price inclusive of VAT, available colours and sizes and/or shapes (where applicable).
3.2. Technical details included on the Website are derived by Cardinale from information provided by the manufacturers of the items listed on the relevant online catalogue. Cardinale hereby reserves the right to amend such technical information, without any prior notice, in order to show on its Website updated information.
3.3. Products’ images are for illustration purposes only, and effective features of the delivered items may, therefore, significantly differ from images on the online catalogue (as per colour, brightness, etc., since such variables may depend on Products being handmade and on each leather lot being unique). Cardinale shall not be liable for any discrepancies between the images or colours of ordered Products and delivered items.
3.4. In order to purchase one or more Products on the Website, the Client shall fill in the electronic form, including the purchase proposal (hereinafter, the “Order”) and transmit it online to Cardinale, by following the given instructions and by selecting the option “Confirm”.
3.5. Cardinale invites the Client to verify the accuracy and correctness of each Order before transmitting it, filling in all the information required on the Website. Before the completion of any Order, the Client will be requested to confirm to have read and accepted these General Terms and confirm acceptance of the General Terms and the Order. The confirmation of the Order represents evidence of the Client’s acceptance of the purchase conditions. In case of non-acceptance of the Order’s content and/or of the General Terms, such Order cannot be completed.
3.6. The Client shall have the right to modify or cancel his/her Order until the moment he/she receives the email of acceptance by Cardinale, as per section 3.8. below. Following the transmission of the Order, the Client will receive an e-mail summarising the main information contained in the Order (such as Client’s data, delivery terms and schedule, model, colour and size of the selected Product/s, price to be paid and shipping costs).
3.7. Each Order will be archived in Cardinale’s database for the time necessary to process it and, in any case, in compliance with applicable laws.
3.8. Within 8 working days from the transmission of the recap e-mail, without prejudice to what is provided under section 5 below, Cardinale will verify the availability of the goods. If the goods are available, Cardinale will send by e-mail to the Client the acceptance of the Order (hereinafter, the “Acceptance”). The contract is deemed concluded between the parties only when the Client receives such Acceptance electronically.
3.9. Client is entitled to pay for the Order only after having received the Acceptance as per section 3.8. above.
Section 4. – Prices and methods of payment
4.1. Prices of Products shown on the Website are expressed in Euro and include VAT.
4.2. Cardinale hereby reserves the right to modify the pricing of the Products offered for sale at any time and without notice. Such changes shall be effective as of the time they are published on the Website. However, Orders already confirmed by the Client shall remain subject to prices applied when each Order was completed.
4.3. The total amount of each Order shall include the shipping costs. Such shipping costs will be displayed together with the other costs concerning the purchase, but as a separate entry, when the Order has been filled in and before its confirmation.
4.4. Products may be paid by credit cards or bank’s transfer within 3 working days from the receipt of the Acceptance set forth under section 3.8. Should payment of any Order not result within the third day from the Acceptance, then the relevant Order will be canceled and the contract between the parties will be automatically terminated, without prejudice to any rights of Cardinale to ask for the reimbursement of damages.
4.5. Accepted credit cards are shown on the Website under the section “Payment Methods”, and no further commissions shall be applied. The transactions made by credit cards will be governed by the regulations issued by each payment network and issuing bank also in relation to their credit limits. The Client shall fill in number, expiry date and security code impressed on his/her credit card when requested in the electronic form. During the transaction, the Client will be required to confirm and warrant to be the owner of the card used for the transaction and that the name impressed on it is his/hers. Should the transaction fail, then the purchase proceeding will be automatically canceled and the contract automatically terminated, without prejudice to any rights of Cardinale to ask for the reimbursement of damages.
4.6. Credit cards information will be treated confidentially directly by the payment network only, while Cardinale will not handle any Clients’ credit cards information. Cardinale shall not be liable for the deceitful or unlawful use of credit cards by third parties when processing the payment of Products bought on the Website www.cardinalescarpe.it. On that respect, Cardinale hereby reserves the right to cancel the transaction and void the Orders if any misuse of the credit card used for the transaction is reported. For security reasons, Cardinale shall have the right to ask at any time further information and/or documents, without which Cardinale reserves the right to refuse the transaction.
4.7. Should the Client choose to pay by bank’s transfer, then he/she will receive the necessary banking information together with the Acceptance set forth under section 3.8. Potential banking fees shall be borne by the Client.
4.8. TAX FREE invoices or invoices ex ART. 38 QUATER to have VAT reimbursed are not allowed when purchasing online on the Website. In such cases, the Client shall go directly to Cardinale’s store.
4.9. The Client acknowledges and agrees that Products will be sent only after the accrual of the payment on Cardinale’s bank account, estimated in 2/7 working days from the execution of the EU ordinary bank’s transfer by the Client. Longer terms shall be considered for extra-UE bank’s transfer.
Section 5. – Products availability
5.1. The Client acknowledges that stock of Products offered on the Website are limited.
5.2. Ordered Products may, therefore, be occasionally unavailable on the Website. Should this occur, Cardinale will inform the Client via e-mail within 8 working days from the date when the Client confirmed his/her Order and this latter will be canceled and the contract between the parties shall not be deemed concluded.
5.3. Cardinale will use its best effort to inform the Client when the chosen Product is available again, to the extent possible in relation to the organization of the store.
5.4. Should only one or more Products selected with the Order be available, then Cardinale will send to the Client an e-mail with the details of unavailable items and will confirm Acceptance for available Products instead, giving the Client a further 3 working days deadline to void the whole Order by giving via e-mail written notice to Cardinale. Should the Client miss such deadline, then the Order will be processed in relation to the available Products and only the amount due for the available Products will be charged to the Client.
Section 6. – Shipping and delivery
6.1. The Products may be ordered and shipped only to the following countries: Austria, Belgium, China, South Korea, Croatia, Denmark, Finland, France, Germany, Japan, Great Britain, Greece, Ireland, Italy, Luxemburg, Norway, Netherlands, Poland, Portugal, Monaco, Spain, USA, Sweden, Switzerland and Hungary.
6.2. Purchased Products will be delivered to the address specified by the Client when filling in the Order, through the chosen delivery method selected under “Delivery Terms”. The details of courier designated for the delivery and estimated time of delivery will be displayed, together with the delivery costs, at the end of the procedure of filling in each Order and prior to the confirmation by the Client of the same and may vary depending on the courier designated for a specific country.
6.3. The legal guarantees established by Italian applicable law and, in particular, Articles 129, 130 and 132 of the Legislative Decree 06/09/2005 nr. 206 (hereinafter, the “Consumer Code”) apply to the sale of the Products. The risks related to the Purchased Products get transferred to the Client at the moment of the delivery of the Products to a courier. Any defects detected or which may be detected by the Client at the delivery shall be immediately reported to the courier, by signing the receipt “subject to checks” and specifying the type of defect detected. The Client may protect himself/herself from the risks of delivery by entering into an insurance agreement with the courier, selecting the item “Insurance” during the purchase procedure.
6.4. Cardinale shall not be deemed liable for any damages, direct and/or indirect, which may arise from or in connection with any delay or failed delivery of the Product, unless directly attributable to Cardinale.
6.5. In case of shipping to extra-UE countries, any applicable customs tax are to be paid by the addressee and are not included in the total price shown during the purchase procedure. The Client/addressee shall pay to the courier such costs, as quantified by the competent authorities of the destination country. Should the addressee not pay the relevant customs tax, then the items will be withheld in stock at the custom and the price paid for the Order will not be refunded to the Client.
Section 7. – Right of withdrawal
7.1. The Client has the right to withdraw, in full or in part, from each Order, with no penalties and without giving any reason, within and no later than 14 days from the date he/she receives the Products, as proved by the shipping documents. After expiration of such term, the Client will be not entitled to exercise any right of withdrawal.
7.2. To promptly exercise his/her right of withdrawal, the Client shall send to Cardinale, within the abovementioned term of 14 days from the date he/she receives the Products, the withdrawal form attached herewith, duly filled in and undersigned or, at his/her discretion, a written statement including: − the intention to exercise the right of withdrawal; − specification of the Product or Products for which he/she is exercising the right of withdrawal; − his/her bank account’s information (in order to refund the due amount), if payment of the Order was made by bank transfer. The abovementioned form or statement shall be send by registered letter with return receipt, or by any other adequate means, being understood however that the Client shall meet the burden of proof concerning the prompt exercise of his/her right of withdrawal.
7.3. In case of exercise of his/her right of withdrawal, the Client shall return the purchased Product to Cardinale within 14 days from the communication of withdrawal (sent pursuant to previous section 7.2), by delivering it to a courier. Products shall be returned as they were when they were received, in their original box and with their original packaging, with the tag still on (where applicable).
7.4. The Client shall, at his/her own expenses, send back the purchased products to the following address: Cardinale S.N.C. di Lattanzio Anna & C., via Belfiore 9- 20145-Milano (MI), Italy and shipping may be done through any carrier / courier / shipping agent of the Client’s choice.
7.5. It is understood that shipping costs for returning the Products are entirely charged to the addressee and cannot be refunded. Likewise, the risks of shipping shall be entirely borne by the Client.
7.6. Should the Client not have duly exercised the right of withdrawal according to the provisions above, then Cardinale shall be entitled to refuse the returned Products and will send the package back to the Client, charging him/her with the relevant shipping costs.
7.7. On the contrary, should the Client have duly exercised the right of withdrawal according to the provisions above, then Cardinale shall promptly refund the Client using the same method of payment used by the latter during the purchase procedure, in any case within 14 days from the receipt of the communication of the exercise of the right of withdrawal. If to such date Cardinale has not received the returned Products or, alternatively, the Client has not given evidence of having shipped them, Cardinale will be entitled to withhold the refund until one of the abovementioned alternatives occurs, pursuant to art. 56 of the Consumer’s Code. The refund should be equal to the price of the returned Product/Products and will include shipping costs paid by the Client for the Order.
7.8. The amount will be deemed promptly refunded if credited to the Client with a value date not later than the expiration date set forth under section 7.7. above. Cardinale shall not be liable for any delay, which depend on the bank and/or payment network used for purchasing.
7.9. Clients purchasing Products with VAT number are not entitled to exercise the right of withdrawal.
7.10. The right of withdrawal – further to the cases of non-compliance with any terms and conditions set forth under the provisions above in this section 7 – cannot be exercised in the following cases: − lack of integrity of the Product; − use of the Product, even if moderate or partial; − lack of the original external box or internal packaging; − lack of elements received with the Product (such as, by mere way of example, accessories, laces, buckles, fabrics); − damaged or worn Product.
Section 8. – Applicable law and jurisdiction
8.1. To the extent permitted by law, the Orders, these General Terms and any Special Provisions shall be governed by and shall be interpreted according to Italian law.
8.2. All disputes arising in connection with the Orders, these General Terms and any Special Provisions will be submitted to the Online Dispute Resolution Service RisolviOnline (https://www.risolvionline.com) and resolved in accordance with its Rules.
Section 9. - Contacts
9.1. For any information or request of support – even if concerning delivery or complaints - Clients may send an e-mail to the following address: [email protected] or call +39-02-4981857.
Italiano