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Andrea Morelli Elisabet srl
Viale I Maggio, 35
63813 Monte Urano (FM)
©2015 Elisabet
P.IVA 02208680443

Terms of Service

Introduction

Elisabet S.r. l. (tax code 02208680443), with headquarters at Monte Urano, Viale I Maggio, 35, markets and distributes footwear and clothing (hereinafter Products) in Italy and in Europe through points of sale and the online shopping portal reachable from the website http://shop.elisabet.it (hereinafter “Site”).

These General Conditions of Sale (hereinafter General Conditions), govern the purchase of products carried out over a distance through the Site or by telephone, within the meaning of Articles 45 and following of Legislative Decree no. 206 of 6 September 2005, (“Consumer Act”) in the case of retail customers as defined by this Consumer Act or, alternatively, govern a contract of sale within the meaning of Articles 1470 and following of the Italian Civil Code if the purchase is made by parties who are not retail customers.

The clauses of these conditions that refer to retail customers will be applied only with respect of retail customers. And in particular all the regulations foreseen by Article 49 and following of the Consumer Act, in addition to the mandatory safeguards provided for by the same Act or by other provisions of the law in force will be applied.

These purchases are reserved for users of the Site, retail customers or non retail customers aged 18 years or over, having full capacity to conclude a contract of sale, wishing to avail themselves of the sale of product services (hereinafter Customers).

The Customer is obliged to read and take note of these General Conditions before completing a purchase on the Site. This information, in fact, is to be understood as read, understood and accepted in full by the Customer at the time of submitting the order.

The Customer must abide by these General Conditions and consider Elisabet exempt of any conditions different from those in force that were not agreed in advance in writing.

 

Order submission and completion of the Contract

The Contract relates to the sale of Products described on the Site and will be concluded between the Customer and Elisabet S.r.l. (tax code 02208680443), with headquarters at Monte Urano, Viale I Maggio, 35 (hereinafter Elisabet).

Publication of the Products on the Site constitutes an invitation to users of the Site to submit an order in accordance with the procedure illustrated below, but does not constitute an offer to the public, within the meaning of Article 1336 of the Italian Civil Code. The decision whether or not to accept the order submitted by the Customer remains at the full and sole discretion of Elisabet.

To submit an order (or “purchase order”) the Customer must first register on the Site through the compilation of an electronic form and send his/her personal details, which he/she guarantees to be true and reliable. The data provided will be processed in compliance with the legislation on privacy, which can be consulted by clicking HERE.

The account details thus created are confidential, must be kept by the Customer and will not be disclosed to third parties.

 

Purchasing procedure

The Customer will be able to submit an order by selecting the Products he/she intends to buy and putting them in the “Shopping Basket”. It is always possible to view the content of the basket before submitting the order.

The Customer will be able to change the order during the purchasing procedure.

When the Customer is ready to submit the order he/she should click on “Complete the order”. From that moment the order can no longer be changed. This operation constitutes the submitting of the order by the Customer to Elisabet and, with it, the Customer recognizes and declares to have taken note of the General Conditions in force at the time of submission, accepting in full the content and undertaking to pay the amount due.

The purchase order thus sent will be archived in the Elisabet database for the period of time necessary to fulfil the order.

According to the provisions of Article 53 of the Consumers Act, the Customer will receive, at the time of execution of the contract, written confirmation by email of the Product ordered, the amount paid, and details of the Product price and shipping costs, as well as delivery times and arrangements for the return of the goods and details on how to make any complaints or receive information on existing guarantees.

Once the order has been submitted, the Customer will receive, at the email address provided, confirmation of receipt of the order. In this email, Elisabet will confirm whether or not the order submitted by the Customer has been accepted.

Acceptance of the order is at the discretion of Elisabet. Elisabet will notify the Customer directly if it is not possible to accept the order sent.

 

Non-acceptance of the order submitted

Non-acceptance of the order does not imply liability on the part of Elisabet, for any reason whatsoever. It is understood that in the case of non-acceptance of the order Elisabet will reimburse the Customer the amounts already paid within a maximum period of 30 days from the submission of the order. Reimbursements will be made with the same method of payment used for the purchase.

Elisabet reserves the right to not accept orders that foresee delivery of the Products to addresses outside Italy.

In any case, the contract will not be effective, even if completed, until the amount that the Customer is to pay as consideration of the order submitted is not fully available to Elisabet.

 

Unavailability of Products

The articles present on the Elisabet online shopping portal can be purchased while stocks last.

All Products are subject to availability at the time.

Elisabet reserves the right to change at any time the quantities and/or type of goods available for purchase from the Site.

Elisabet keeps the Products databases on the online shopping portal updated and synchronized, but it is, nevertheless, possible that a Product that appears to be available in fact is not. In this case, the Customer will be informed promptly that the Product is not available and any amounts paid will be reimbursed in the shortest possible time and in any case within 30 days of submitting the order. Reimbursements will be made with the same method of payment used for the purchase.

If only some of the Products ordered are not available, Elisabet will inform the Customer as soon as possible and in any case within 30 days of the date of acceptance of the order, in order to verify the acceptance of a partial order.

If Elisabet is unable to contact the Customer the order will be cancelled.

Any amounts paid in excess will be reimbursed in the shortest possible time and, in any case, within 30 days of dispatch of the purchase proposal. Reimbursements will be made with the same method of payment used for the purchase.

 

Product prices, shipping and other charges.

The prices of the Products published on the Site are in euros (€) and are inclusive of VAT, but do not include any taxes or duties applicable in the country of destination of the Products, which will be borne by the Customer unless otherwise expressly indicated.

Elisabet is free to change the prices of the Products published on the Site at any time. Any changes to the prices of Products will not, however, take effect for Customers who have already submitted an order.

The total amount that the Customer will pay, including the price of the Products, shipping, delivery or postal charges, taxes or other charges relating to the purchase proposal will be shown before the Customer submits the purchase order.

Shipping costs for orders higher than €100.00, for Italy, are paid by Elisabet while for orders of less than €100.00 shipping costs are €5.00 (again, for Italy).

For EU countries delivery charges are 10.00 €. Delivery is within 7 working days.

For extra-EU countries delivery charges are as follows:

-          order 0-9 pairs: 25.00 € ;

-          order > 9 pairs: 25.00 € + 10.00 € for each additional pair

Delivery is within 7 working days.

 

Elisabet constantly checks that all prices shown on the Site are correct, without, however, guaranteeing the absence of errors. If there is an error in the price of a Product, Elisabet will give the Customer the opportunity to reconfirm the purchase of the Products with the correct price or to cancel it. It is understood that if the order is cancelled Elisabet will reimburse the Customer the amount already paid within a maximum period of 30 days from the cancellation of the order. Reimbursements will be made with the same method of payment used for the purchase.

If Elisabet is unable to contact the Customer, the order will be cancelled. Elisabet is not obliged to sell the Product at the wrong price if the Customer, taking reasonable care, could have recognized the error.

Elisabet reserves the right to implement special conditions of sale or promotions on Products on the Site. Elisabet will change conditions applied to the promotions from time to time with appropriate notification of their Customers. These General Conditions will be deemed to be applicable in as far as they will be managed in the same manner.

For every order placed on the Site, Elisabet will invoice the goods shipped and send the invoice to the nominee of the order, within the meaning of the Decree of the President of the Republic 445/2000 and of the Legislative Decree 52/2004. The details provided by the Customer at the time of the order are used to issue the invoice. No changes to the invoice will be possible after the emission of the same.

 

Method of payment

The Customer will be able to make the payment for the price of the Products and the related delivery costs by credit card, bank transfer or PayPal. Cash on delivery payment is accepted only for orders with a shipping address in Italy.

Products of a single order cannot be delivered to different addresses or paid for with more than one payment method.

In order to prevent internet fraud, payments made on the Site are managed online by the bank concerned through the tools provided by Monte Paschi di Siena (hereinafter Bank).

 

Payment by Credit Card:

All financial information such as credit card number, expiry date, etc. are directly managed by the Bank, which guarantees the security of online transactions. Elisabet S.r.l. is never aware of the details of the credit card and is not therefore able to keep or archive them in any way.

For this reason Elisabet S.r.l. delegates support of its Customers in the entire payment procedure to Monte Paschi di Siena.

The transaction will be charged to the Customer’s credit card only after the details of the credit card have been verified and after authorization of the direct debit has been received by the Customer’s credit card company and the availability of the Product has been confirmed by Elisabet S.r.l., that is, after the order is ready to be shipped. Payments will not be taken at the moment of shipping the order.

 

Payment by Bank Transfer:

If you choose to pay by bank transfer, once the order has been shipped the payment must be made within 3 days of the date of purchase. Elisabet’s bank details will be sent by email when the order is ready to be shipped.

The bank transfer must show the order number, issued at the time of purchase, plus the name and surname of the customer.

The Product will be shipped as soon as receipt of payment has been verified (about 3 to 4 days from the time it is made) and in any case no later than 7 working days from the time of receipt of the payment.

 

Exemption from liability

Elisabet is not responsible for malfunctions due to the data transmission network operator.

 

Mode of transport and delivery

The Products indicated in the purchase proposal accepted by Elisabet will be shipped within and no later than 5 working days from acceptance.

All purchases will be shipped via the courier Bartolini, for Italy and SDA for countries abroad.

The goods will be delivered within 1 to 2 working days (from the day of dispatch) with regard to shipments in Italy. For shipments abroad, delivery times vary according to the country of destination.

In this case, Products will normally be delivered within 30 days of receipt of the purchase order, for shipments in Italy. For shipments abroad, delivery times vary according to the country of destination.

If the Customer makes more than one order for Products, where possible Elisabet will deliver all the available Products ordered on the same day and charge a single shipping fee.

For the delivery of purchases, the Customer can choose either the home or workplace address, or the private address of a person of his choice or a person responsible for receipt.

For security reasons deliveries will not be made to post office boxes. The order will not be shipped.

Orders will be processed and delivered from Monday to Friday, excluding Saturday, Sunday and Bank holidays.

 

Complaints about Products

At the time of delivery of the goods by the carrier, the Customer is obligated to check:

(i) that the number of packages delivered corresponds to that indicated in the transport document;

(ii) that the packaging is intact, not damaged or wet or otherwise altered, including the materials used to close the package.

Damage to the packaging and/or product or a mismatch of the number of packages or in the instructions must be immediately contested, by writing “received with reserve” on the carrrier’s proof of delivery note. Once the carrrier’s document has been signed, the Customer will not be able to dispute the state of the package delivered.

 

Transfer Risk to the Customer

In the case of a Retail Customer, within the meaning of Article 63 of the Consumer Act, the risk of loss or damage to the Product is transferred to the retail customer or a third party designated by him/her at the time when the latter, once the delivery has been made, enters materially into possession of the goods.

In the event of a non-Retail Customer the risk of loss or damage to the goods is transferred to the non-Retail Customer upon delivery of the product by the carrier.

Elisabet will not be liable for delays or failure to deliver all or part of the Products if the Customer has been promptly notified of the unavailability of the Products.

 

Unavailability of Products or impossibility of delivery

If the Products or part of them were to become unavailable, even if only temporarily, that is, if Elisabet is not able to deliver the Products, Elisabet will notify the Customer by email in good time, and in any case no later than 30 (thirty) days. The amounts paid in excess will be reimbursed as quickly as possible and in any case within 30 days of the submitting the order. Reimbursements will be made with the same method of payment used for the purchase.

Once reimbursement has been made Elisabet cannot be held liable for non-delivery of the Products.

Elisabet is not liable for unforeseeable delays, it being understood that, except in cases of force majeure, the Products will be delivered within a maximum of thirty (30) days from the day after the Customer submitted the order to Elisabet.

If the force majeure persists for a period exceeding 30 (thirty) days, each party will have the right to withdraw from the Contract. In this case the Customer will not be entitled to any compensation or damages on whatever basis, without prejudice to the right to be refunded any amounts already paid for the price of the Product.

 

 

Cancellation Right – Retail Customer

 

Time frame and ways of exercising the cancellation right

Within the meaning and for the effects of Articles 52 and following of the Consumers Act, the Retail Customer is notified of the legal right he/she has to cancel the order within 14 days of delivery to the Customer or a third party approved by the Customer of the Products (or of the last Product in the case of a single order for more than one Product).

For the purposes of the correct and timely exercise of the cancellation right, the Customer must send within the 14 days referred to above, his/her express declaration of intention to cancel to the fax number 0734/840020 or email address customerservice@elisabet.it

The Customer must include in his/her notification to cancel the following details: name, surname, the order number for which he/she intends to exercise the cancellation right.

The cancellation right can be exercised even for only for one of the Products ordered.

 

The Customer will have to return the goods within a maximum period of 14 days from the date on which he/she sent the cancellation notice to Elisabet.

Products purchased online or by telephone cannot be refunded at or returned to the physical points of sale.

Please send the Products to be returned using an insured carrier, for purposes of tracing the shipment.

Returned Products must be shipped in their original packaging or, if damaged, in packaging of an equivalent size and sturdiness, with the receipt of purchase included.

Delivery costs for returning Products are charged to the Customer; any costs incurred by the Customer for return shipment will not be refundable.

Returns of items purchased will not be accepted if the above procedure has been followed.

 

Reimbursement of the amounts paid

In the event of exercising the cancellation right, Elisabet will undertake to reimburse the amounts paid to the Customer within 14 days of the date on which the Customer’s cancellation notice is received. In any case, Elisabet can suspend reimbursement until it has received the goods returned by the Customer or until the Customer has successfully proven that the goods have been returned within the terms.

Reimbursements will be made with the same method of payment used for the purchase.

 

Responsibility of the Customer in the event of a damaged Product

The Customer has the right to withdraw from the Contract on condition that the Product is returned substantially intact. The Customer is liable for any reduction in the value of the Products resulting from handling the same in a different manner to that necessary to determine their nature, characteristics and operation. If the Products have lost value Elisabet reserves the right to refuse to replace these Products.

In this case, Elisabet will notify the Customer, who may, at his/her own expense, receive the same Products returned to Elisabet.

Elisabet will not be liable for reimbursing or compensating for Products returned that are lost, stolen or damaged.

If a Product is returned because it did not comply with that requested or for replacement or to be changed (e.g. change in size of a shoe purchased), the Customer will pay for the cost of the return. Once Elisabet has accepted the return, the cost of returning the Product to the Customer will be borne by Elisabet ONLY FOR SHIPMENTS IN ITALY. For shipments abroad the costs of returning the product are charged to the Customer.

 

Errors and inaccuracies

Elisabet makes every effort to keep the information on the Site constantly updated.

However, there is no guarantee that the Site is completely free of errors. The Site may contain typing errors, errors, inaccuracies or omissions, some of which could refer to the price and availability of the Product or to the Product information sheet.

Elisabet reserves the right to correct any errors, inaccuracies or omissions even after an order has been dispatched and also reserves the right to change or update the information at any time without prior notice.

 

Guarantee of the authenticity of the Products and of conformity

Elisabet guarantees the authenticity of all Products purchased on the Site.

Elisabet guarantees conformity of the Products within the meaning and for the effects of Articles 128 and following of the Consumers Act.

 

Modification of the General Conditions

These General Conditions are governed by Italian law.

Elisabet reserves the right to modify these General Conditions of Sale at any time without notice and without any prejudice to sales made before these changes. Changes, cancellations, modifications or additions will take effect immediately after publication on the Site. Each subsequent access or use of the Site by the User is to be understood to be a complete acceptance of the changes that have occurred.

In the event of any dispute concerning the interpretation and execution of these General Conditions of Sale between Elisabet and the Retail Customers, the courts of the place of residence or domicile of the Customer will have exclusive jurisdiction.

Elisabet can cede to a third party all or part of the rights and obligations arising from this Contract.


Clause of replacement

If any provision of this Contract should be or become fully or partly void and/or ineffective, it will be considered to have no effect, or will be amended to render it in line with the provisions of the law or in any case in respect of the intention of the parties, without prejudicing the validity of any other provision of this Contract.

 

Contatti

For further information and assistance on the Site or on how to purchaseonline please contact us at this email address, customerservice@elisabet.it or this telephone number: +39 0734-840019

To download the PDF version of these conditions, click here