GENERAL TERMS AND CONDITIONS OF THE "ONLINE SALES" AGREEMENT
JOLLY SCARPE S.p.A., with registered office in Montebelluna (TV), Via Feltrina Sud n.172, tax code and VAT number 01549260261, registered with Chamber of Commerce of Treviso in the Register if Companies with n. TV - 157479;
- phone 0423/666411; fax n. 0423/666421;
- e-mail address firstname.lastname@example.org;
- official electronic delivery service email@example.com
hereinafter the "Supplier"
1.1. The expression "Online sales agreement" means the sales agreement concerning the tangible moveable property of the Supplier, executed between the Supplier and the Purchaser within the framework of a distance selling system through telematic devices organised by the Supplier.
1.2. The expression "Purchaser" means and individual consumer who purchases something under this agreement, for purposes that are not connected with his/her business or professional activity.
1.3. The expression "Supplier" means the subject mentioned above.
2.1. With this agreement the Supplier sells and the Purchaser buys, on a distance selling basis, with telematic devices, the tangible moveable property mentioned and offered for sale in the jollyscarpe.com website.
2.2. The products mentioned in the previous paragraph and their main features are described in the jollyscarpe.com
3.1. The agreement between the Supplier and the Purchaser is executed exclusively through the Internet networks, when the Purchaser accesses the jollyscarpe.com web address, on which page, by following the instructions, the Purchaser can proceed until the execution of the agreement for the purchase of the goods mentioned herein.
4.1. The purchase agreement is subscribed when the Purchaser fills in the application form and the consent form regarding the intention to purchase expressed through his online application; every time, the Purchaser shall be directed to a printable web page with a summary of his order, containing the Purchaser and purchase data, the price of the purchased goods (always in Euro and always inclusive of VAT and any other tax), the delivery costs and any other additional costs, the terms and modes of payment, the delivery address for the goods, the delivery times and the existence of a right of withdrawal.
4.2. When the Supplier receives the Purchaser's Order, he sends a confirmation e-mail with a printable summary of the order containing also the data mentioned in the previous paragraph.
4.3. The agreement is to be considered executed and effective between the parties after the order has been sent, at he end of the purchasing procedure for the Purchaser, who is thereafter bound to pay the price of the chosen product.
4.4. Once the Purchaser order is received, the sales agreement must be considered binding for the Purchaser.
4.5. The purchase order, if accepted, generates a single sales agreement, independent from any other previous and/or future agreement between the parties. It should be underscored that the continuity of the sales relationship does not in any way generate a supply contract.
4.5. Notwithstanding any acceptance of the purchase order, in cases of force majeure (such as strikes, social unrest, natural disasters, etc.) the Supplier can unilaterally terminate the agreement without notice, and the Purchaser is not entitled to claim a default and the relevant damages, but only to the restitution of the entire price of the purchase and the relevant accessory expenses.
5.1. The Purchaser's payments may be made only using one of the options expressly indicated by the Supplier within the context of the purchasing procedure.
5.2. All communications pertaining to payments shall go through a protected and encrypted line set up by the Supplier. The Supplier guarantees that any information concerning the payments shall be further protected by and additional security encryption and in compliance with the legal provisions on the protection of personal data.
5.3. In any case, the Supplier waives any and all liability for the illegal and fraudulent use of credit cards, cheques and other means of payment in connection with the payment of the price for the purchased product.
6.1. The Supplier shall deliver the selected and ordered goods, with the modalities set out in the web site when the product was offered for sale and as confirmed in the e-mail message mentioned in article 4.2.
6.2. The product shall be delivered within 5 or more business days from the purchase date.
6.3. If the Supplier cannot deliver the goods by the set deadline, he shall inform the Purchaser of the delay using the e-mail address provided by the Purchaser with their personal data.
6.4. In case of delayed delivery, the Purchaser will not be able to claim or ask for the termination of the agreement concerning the relevant product, without a prior warning to comply issued under art. 1454 of the Italian Civil Code. Even in the event of termination, any indemnity or compensation or damages in favour of the Purchaser are excluded.
7.1. All the sales prices of the products shown and mentioned on the jollyscarpe.com website are in Euro, GBP or CHF and inclusive of VAT and any other tax.
7.2. The delivery costs are charged to the Supplier.
8.1. The Supplier shall indicate in his catalogue the number of available product and the non available ones, in real time, as well as the relevant delivery times.
8.2. If an order exceeds the quantities available in the warehouse, the Supplier shall notify the Purchaser by e-mail that the product is no longer available or of the waiting tome for the delivery of the chosen product, and ask the Purchaser whether they intend to confirm the order.
9.1. The Supplier waives any and all liability for disservice caused by force majeure events (such as, without limitation, strikes, civil unrest, natural disasters, etc.) that prevent him from fulfilling the order within the contractual schedule.
9.2. The Supplier cannot be held liable towards the Purchaser, except in the case of gross negligence or wilful misconduct, for disservice or malfunctions connected to the use of the Internet network outside his own control.
9.3. Further, the Supplier is not liable for damages, losses and costs suffered by the Purchaser following a failure to execute the agreement for causes not attributable to the Supplier: the Purchaser shall only be to a full refund of the price paid and of all accessory costs.
10.1. The Supplier shall answer for any patent defect manifesting within two years from delivery of the goods.
10.2. The Purchaser shall lose all rights if he fails to notify the Supplier of any patent defects within two months from the date on which the defect became manifest. A claim is unnecessary if the Supplier has acknowledged the existence of the defect or if he has hidden it.
10.3. In case of patent defects, the Purchaser can ask, without expenses and under the terms and conditions established below, either the repair or the replacement of the purchased product, a reduction of the purchase price or the termination of this agreement, unless the request is objectively impossible to satisfy or too costly for the Supplier under the legislation from time to time in force.
10.4. The request shall be made in writing and sent to the Supplier by registered post with return receipt or through an official electronic delivery system; the Supplier shall express his willingness to address the request, or the reasons that prevent him from doing so, within seven business days from receipt of the request. In the same letter, the Supplier, if he has accepted the request made by the Purchaser, shall detail the delivery or return mode of the product and the relevant schedule for the return or replacement of the defective product.
10.5. If it is impossible or too expensive to repair and replace the product, or if the Supplier has not repaired or replaced the product within the set deadline, as mentioned above, or if the replacement or repair have caused considerable inconvenience to the Purchaser, the Purchaser may ask, at his discretion, for an appropriate price reduction or the termination of the agreement. In this case, the Purchaser shall send his request to the Supplier, who shall express his willingness to address the request, or the reasons that prevent him from doing so, within seven business days from receipt of the request.
10.6. In the same letter, the Supplier, if he has accepted the request made by the Purchaser, shall detail the offered price reduction or the procedure for the return of the defective product.
In such cases, the Purchaser shall be required to provide the data for the crediting back of the sums previously paid to the Supplier.
10.7. In any case, it must be underscored that the products are not guaranteed against damage caused by their improper or careless use, insufficient product maintenance or, more generally, failure to follow the instructions provided by the Supplier.
The product is also not guaranteed against wear and tear, provided the defect was caused by the standard use of the product.
11.1. The Purchaser is always entitled to withdraw from the agreement, with no penalties and without cause, within 14 (fourteen) business days from the date of receipt of the purchased product.
11.2. If the Purchaser decided to avail himself of the right of withdrawal, he shall inform the Supplier of this decision by registered mail with return receipt sent to the following address: JOLLY SCARPE SPA - VIA FELTRINA SUD, 172 – 31044 MONTEBELLUNA (TV) , or by electronic mail at the following address firstname.lastname@example.org or email@example.com
11.3. The product shall have to be returned within 30 (thirty) business days from the date of receipt at the latest. In any case in order for the Purchaser to be entitled to a full refund, the product shall have to be returned intact and, in a normal state of preservation.
11.4. The Purchaser cannot exercise the right of withdrawal in the case of purchasing agreements concerning custom-made or clearly customised products.
11.5. The only expenses charged to the Purchaser for the exercise of his right of withdrawal hereunder are represented by the costs of returning the product to the Supplier, save when otherwise agreed between the parties.
11.6. The Supplier shall refund the full price paid by the Purchaser within 30 (thirty) days from receipt of the withdrawal notice, with the same method of payment used by the Purchaser for the initial operation, save when otherwise agreed between the parties.
11.7. The refund mentioned in the previous clause can be suspended until the receipt of the products to be returned.
11.8 Even in the event of termination, any indemnity or compensation or damages in favour of the Purchaser are excluded.
12.1. The obligations accepted by the Purchaser in this agreement, including the guarantee of the payment made by the Purchaser in compliance with the provisions of art. 5. are essential; therefore, any failure to fulfil or insufficient fulfilment of said obligations shall imply the termination of the agreement under art. 1456 of the Italian Civil Code, without notice and without judicial orders.
13.1. The personal and tax data acquired directly and/or through third parties by the Supplier, who is the data controller, are collected and processes in had and soft copy and telematically, according to the processing modalities, with the purpose of recording the order and activating the relevant procedures for the execution of this agreement and the connected notices, as well as for all legal purposes.
13.2. The Supplier undertakes to maintain the data and information provided by the Purchaser and subsequently processed confidential and not to divulge them to unauthorised parties or use them for purposes other than those for which they were collected or transfer them to third parties.
Such data can be revealed only upon request of the judiciary or other legally authorised authorities.
13.3. The Supplier is the data collector and data controller.
14.1. The Supplier informs the Purchaser that every order sent is preserved in soft/hard copy on the Supplier's server/headquarters, following confidentiality and security criteria.
15.1. All written notices addressed to the Supplier and any complaints shall be considered effective only if sent by registered mail with return receipt at the following address: JOLLY SCARPE SPA – VIA FELTRINA SUD 172 – 31044 MONTEBELLUNA (TV), or by e-mail at the following address: firstname.lastname@example.org
In the registration form the Purchaser shall include his own address, phone number and e-mail address to which the Supplier's notices are to be sent.
16.1. Any disputes shall be referred to the ordinary Courts in the place of residence or elected domicile of the consumer, which has exclusive jurisdiction thereon under both national and European Union law.
17.1. These terms and conditions of sale are governed by Italian law.
17.2. Anything not expressly regulated herein shall be governed by the legislation applicable to the subject matter of this agreement, in particular, art. 5 of the Tome Convention of 1980.
Our customer care office is available to assist customers for any enquiry, return and refund by email at email@example.com or by phone at +39 0423 666411 from Monday to Friday from 8:30 – 12:30am and from 01:30 to 5:30pm.
We will confirm your order starting August 28, 2017.
Have a great Summer Holiday!