Terms and conditions
These Conditions of Sale govern the acquisition, through electronic means, of the products presented on the site divashoesfirenze.com, managed by DIVA SHOES SRL, P.Iva 06804720487, with headquarters in Florence (FI), ITALY – Via Guicciardini 10/R. These Conditions of Sale are integral and essential part of the purchase of any product and an Order, it involves the acceptance by the Customer. In order to better understand the following Terms of Sale specifying the following definitions: “Consumer” means any natural person who makes an Order for purposes outside his trade, business, craft or profession; “Professional” means any natural or legal person who makes an Order in the exercise of its corporate, commercial, craft or profession; “Customer”: a Consumer or Professional; “Agreement” means any agreement between the company DIVA SHOES SRL and a customer about the purchase by the latter of one or more products, concluded in the manner prescribed in Part A, Section 3.3 or Section 3.4; “Business Day” means any day of the week, except Saturdays, Sundays and public holidays in the Italian territory; “Order” means any proposal concerning the purchase of one or more products, made by the customer against the company DIVA SHOES SRL “GCS”: general conditions of sale.
The company DIVA SHOES SRL could conclude distance contracts with customers, whether defined Consumers and Professionals; Among the GCS, those that make express reference to Consumers will apply only in respect of those persons who fall within its definition as specified above. Consumers will benefit, then, all of the protections provided in the event of the conclusion of distance contracts under Title III, Section II, of Legislative Decree no. September 6, 2005, n. 206 (“Consumer Code”), as well as all other protections provided without exception, in favor of consumers, the Consumer Code itself and any other applicable law, namely, Directive 2000/31 / EC transposed by Legislative Decree . n. April 9, 2003 n. 70 Information Society Services and Electronic Commerce, as well as all regulations governing distance contracts and general rules of contract as well as established by the Civil Code, to which reference is made in the absence of a specific discipline. Below are then specified: 1) the technical steps for the conclusion of the contract; 2) the manner in which the contract will be filed and the method of access; 3) the technical means available to the customer to identify and correct errors in data entry before submitting the order; 4) a statement of the tools for the settlement of disputes. The above applies to contracts concluded between the company DIVA SHOES SRL with Consumers and Professionals with, unless the latter otherwise agreed between the parties.
If you have any problem, complaint, information on the purchase of products, interested parties can contact directly DIVA SHOES SRL email@example.com the e-mail, or Customer Service at the phone number (+39) 055 2645304. The society DIVA SHOES SRL makes Himself available – by phone – to offer customers any clarification or information regarding 1) the content of the GCS, 2) the content of the Agreement and the relevant regulations, 3) any claim. If the customer decides not to use the telephone service, remain unaffected and shall in any case all the rights and privileges accorded to the customer by law. As rescue and release of the GCS and the ability to view the text of the Agreement concluded, please refer to the following provisions.
1. Download and consultation of the terms and conditions of the Contract
The customer can keep a copy of these general terms, as well as the documents that make up the Agreement relating to the Products purchased on the Site, using the normal functionality of your browser (eg .: “File” -> “Save as “). You can also download the GCS on PDF and store by clicking HERE. To view the PDF files you need to use the free Adobe Reader (www.adobe.it) or other equivalent programs compatible with the PDF format. In addition, the customer can store data of his own Order, either by downloading the GCS, as provided above saving, with the support of the functions of your browser, the data summarized in the last page before the submission of each Order, is awaiting Email Order Confirmation that DIVA SHOES SRL will be received, for forwarding the Order, to the email address specified by the customer. This e-mail confirmation will contain the data of the Order submitted by the Customer, in addition to these general terms, which may lead to print or save these documents, making use of the functions of your email program. The data of each order will be saved by the company DIVA SHOES SRL on their systems in a special “folder” in which every registered customer can access and consult his “state orders”. In order to preserve the confidentiality of such information, access to them, by the customer, will be allowed only after prior authentication in the restricted area of the site called “My Account”, by inserting the appropriate credentials access by the customer as are attributed to the time of registration to the Site. In this restricted area, using your credentials, the customer can then see the contracts already concluded, pending orders and those just passed, and to update and save your contact information, any bank information and / or data relating to the subscription of the newsletter service. The Customer undertakes to treat as confidential the credentials of access to that reserved area of the Site and not to make them available to third parties.
2. Conclusion of Contract
Any contract entered into for the purchase of products will be stipulated exclusively in Italian. The presentation of products on the Site is intended for users of the Site for you to formulate these, towards society DIVA SHOES SRL, a direct offer. These calls have to offer not binding on the company DIVA SHOES SRL and, in particular, are not offered to the public pursuant to art. 1336 of the Civil Code, it being, in the full discretion of the company DIVA SHOES SRL any decision on acceptance of the proposals may be formulated. However, it is not an agreement binding on the consumer until now DIVA SHOES SRL has in turn accepted the order by the Consumer inoltratole same. To purchase one or more products via the Internet, the customer must make advance registration on the Site, providing the company DIVA SHOES SRL, in compliance with the provisions applicable to the protection of personal data, all data necessary for allow the company itself to execute the orders submitted. Once the registration, the customer can select one or more products that it may consider purchasing, placing them into a “shopping cart” virtual, which will always display the content before forwarding the Order. It is noted in this regard that the customer has the right to use the system only in demo mode, so as not to inadvertently take actions that may legally bind without his will. By clicking on the “Checkout” button, you will initiate the process of forwarding the Order. During the formulation of the Order and until its effective forwarding the Customer will, however, the opportunity to review the data entered by clicking the “Back”, so as to identify, correct and / or erase wrong information or data up to that when inserted. By clicking on the button “Complete Order”, at the end of the procedure initiated the customer will forward the Order against the company DIVA SHOES SRL. Each Order submitted by such means shall be deemed, for all purposes, as proposed contract by the customer. Forwarding the Order by the Customer will follow promptly confirmed by the company’s DIVA SHOES SRL about the receipt of the Order itself, by sending an e-mail e-mail account by the customer at the time its registration on the site. By sending this email, the company DIVA SHOES SRL will also give the Customer the successful confirmation purchase order value. The company DIVA SHOES SRL has the right to accept or decline any orders received without that, in case of rejection, the customer can advance rights or claims against the company itself in any way. The order and the order confirmation shall be deemed received when the parties to whom they are addressed are able to access them. The contract will be concluded, and therefore the order accepted, at the time when the customer will have knowledge of the acceptance of its proposed purchase by the company of DIVA SHOES SRL, or when the customer will receive on your e-mail Electronic Confirmation Email the purchase order value, containing confirmation of the Order, with the simultaneous description of the Order just ended.
3.1 Price reserved for customers resident in Italy and in the EU countries
Product prices that are published on divashoesfirenze.com reflect the actual selling price of the goods and include VAT.
3.2 Price reserved for customers resident in countries outside the EU
On the site are also published divashoesfirenze.com product prices that reflect the actual selling price of TAX FREE reserved exclusively for customers living outside the European Union. The total order will be automatically calculated online, subtracting the Value Added Tax and the final bill will reflect the VAT exemption.
3.3 Import taxes
The shipments outside the European Union are exempt from VAT (Value Added Tax), but are subject to import taxes (DDU – Delivery Duties Unpaid) based on the internal rules of each state.
The payment of these fees (DDU) are the sole responsibility of the customer. Product prices published on the website divashoesfirenze.com reflect the actual selling price of the goods that do not include import taxes (based on the internal rules of each state). The payment of these fees is required to dispense the order by customs charges. To know the exact taxes and delivery charges, you should contact the nearest customs office or, alternatively, the customs agent.
Shipping costs will be calculated and added a charge in the basket during the purchase process online. As required by the laws governing the trade, all shipments are accompanied by divashoesfirenze.com official invoice stating the value of the individual items in Euro. For items on sale invoice shows the discounted amounts.
5. Payment and Delivery
For each order, the customer will pay the full price of the Products ordered, when forwarding the Order. It is understood that in the event of non-acceptance of the Order by the independent DIVA SHOES SRL, it will promptly refund to Customer any amounts already paid. Within the process of forwarding the Order are proposed by the company DIVA SHOES SRL different payment methods, namely 1) Payment by credit card (Visa, MasterCard, American Express), 2) payment by the protected system “Paypal” 3) Payment with prepaid card (eg. “Postepay”), 4) Payment by bank transfer, 5) Mark (only for Italy). The customer will be required to indicate the mode of payment, exclusively among those proposed, which intends to use.
The sales system of the Site, as a seller online, does not require the issuance of the invoice (or receipt or tax receipt) to a private (not nominee VAT), according to Art. 22 of the Decree of the President of the Republic of 26/10/1972 n. 633 and Article 2, point oo) of DPR December 21, 1996, n. 696 (as confirmed by Resolution no. 274 / E of 5 November 2009).
For assistance is sufficient to keep the receipt of purchase included in the pack order.
If you still want to ask for an invoice, simply contact our Customer Service before the order is shipped and fill in the tax code within your registry. The invoice will be headed to the address associated with the method of payment, and there will not be possible to register the bill to a name or a different address. The company DIVA SHOES SRL reserves to refuse or not to execute orders. For deliveries, the company DIVA SHOES SRL will use vectors selected by the same company. If the product chosen by the customer and the contract concluded on the Site is marked as “available”, said the company will ship item within 10 working days, following the confirmation of receipt of payment. The company DIVA SHOES SRL not be responsible for failure or delay in the event that: 1) despite having paid the regular and timely purchase of products to cover the Order received, it has not been supplied the terms and conditions agreed with supplier; 2) is not able to make up for the lack of availability of such products, in circumstances which are beyond its control; 3) has promptly informed the customer that the unavailability of products. In any case, if the customer is a Consumer and the unavailability of products, due to the circumstances referred to in points 1) and 2) does not allow to proceed with the delivery of the product, the company DIVA SHOES SRL will reimburse the consumer any advance payment of the price within 30 (thirty) days from the day following that on which the Order has been sent. The company DIVA SHOES SRL not be responsible for failure or delay in delivery due to acts of God, such as – strikes, provisions of the Public Authority, rationing or shortage of energy or raw materials, transport difficulties, fire, flood, flooding and damage to industrial machinery is not dependent on a company and any other event not expected here that you have to check for reasons not attributable to the company itself. The company DIVA SHOES SRL will promptly notify the Customer the occurrence and the loss of a force majeure. If the force majeure persists for a period exceeding 30 (thirty) days, either party shall have the right to terminate the contract. In case of withdrawal, the customer will not be entitled to any compensation or damages of any kind, subject to the right to the refund of the amount already paid by way of price for the Product ordered, within 30 days after dell ‘ same order. In the event of a purchase made by a consumer, the risk of loss of the Products will remain fortuitous by the company DIVA SHOES SRL until their delivery to the consumer or to another entity indicated by the latter, regardless of whether the shipment of the same products is or is not assured. In the event of a purchase made by a person other than the consumer, the risk of loss fortuitous article passes to the Customer upon delivery of the product from the company to the first carrier.
6. Good Gifts and vouchers of purchase
The company offers DIVA SHOES SRL Good Gifts and vouchers of purchase. The Gift Certificate can be purchased on the Site. The vouchers of purchase can not be purchased on the Site, but are offered by that company in the context of promotional campaigns, for a limited period of validity. Please note that vouchers Gifts and vouchers of purchase following conditions partially different. Also, Good Gifts and vouchers of purchase are used only in reference to certain types of products, also in accordance with the will be shown on the site. Notes to the conditions applicable to the Gift Certificates and Gift Certificates can be found in the corresponding sections Party (B) and (C) of these GCS.
6.1 Conditions for the collection of gift certificates
The gift certificates (the “Gift Certificates”) are good purchase prepaid issued by the DIVA SHOES SRL that can be purchased by customers and can only be used within the Site. The gift voucher can not be used for purchase additional coupons. For the purchase of Gift Certificates are available, such as a means of payment, only the prepayment by bank transfer, payment by credit card (Visa, MasterCard, American Express), payment via the secure system “Paypal” and pay with prepaid card (eg. “Postepay”). The Gift Certificate can be used by the bearer only question before the Order, subject to the possibility for the customer to use the Gift Certificate for subsequent purchases. The gift voucher is non-refundable in cash and do not accrue interest on the claim represented by Gift Certificate same. Within each procedure Order, loans represented by each Good Gift be accumulated. Within each procedure Order, loans represented by Gift Certificates are also combined with loans represented by a Good Purchase. The cancellation of an order to purchase a Gift Certificate can be made through our Customer Service, provided that the Gift same has not yet been used, in the manner prescribed for the exercise of the right of withdrawal. A Gift Certificate to be considered used if it has been used as part of an order or credited to the account of a customer, as reported in the restricted area of the site. If the credit represented by a gift voucher amount is less than the price of the Order The difference can be welded with the other available payment methods. To credit the coupons on their customer account or to take the vision of an existing claim, the customer can visit the section reserved for “My Account” on the site. The company DIVA SHOES SRL will not be in any way responsible for the loss, theft or illegibility of paper coupons. Also, you will not be responsible in case of mistyping the e-mail address of the recipient customer Gift Certificate. The Gift Certificate is transferable. They are not, however, permitted the reproduction, publication and / or manipulation of the Gift Certificate. In case of fraud, embezzlement or suspicion of illegal activities related to the purchase or to the collection of a Gift Certificate, now DIVA SHOES SRL reserves the right to close the account or customer require alternative payment methods to those generally permitted.
Conditions for collection of vouchers The vouchers available on the Site (the “Purchase Voucher Program”) are valid until the end of three (3) months and can be used only once within a procedure of Order. The Good of purchase can only be used before the validation of the Order (before clicking “Confirm”, at the end of the order process). After this point you can not apply any reduction. Please note that the vouchers of purchase will be used only for the purchase of specific products, as it will be better indicated from time to time on the Site. The Good of purchase is non-refundable in cash and do not accrue interest on the claim represented by Good of purchase same. The credit represented by a Purchase Voucher is not transferable. Loans represented by each individual good of purchase not be accumulated. The value of products purchased with the Good of purchase must be at least equal to the amount of purchase of the Good itself. In the case of purchases totaling less than that of the Good Purchase, you will not refund to Customer any remaining credit. If the credit represented by a Good Purchase is for an amount less than the total price to be paid for an order, the difference will be paid by the other means of payment permitted. The Good of purchase will not be refunded if the Products are entirely or partially returned.
7. Right of withdrawal
Under the Consumer Code Legislative Decree no. 6 September 2005. 206, you specify the following terms and conditions governing the right to withdraw in favor of the consumer. Exercise the right of withdrawal in favor of the consumer in accordance with the provisions of the Consumer Code, the consumer has the right to terminate the contract, without any penalty and without specifying the reason, providing to send within 14 (fourteen) working days special written notice by registered letter with acknowledgment of receipt (the return receipt is not an essential condition for the exercise of any right of withdrawal), or by fax or e-mail provided that the communication is also confirmed by registered letter with acknowledgment of receipt within 48 (forty eight) hours, at the following address: DIVA SHOES SRL, Via Guicciardini 10/R, 50125 Florence (FI) – Italy The term of fourteen (14) working days for the notification of the above expected starts from the day of receipt of the product by the consumer. Upon receipt by the company of DIVA SHOES SRL communication above, the parties are released from their respective obligations under the contract, subject to the obligations in the meantime have been fully or partially executed. In this regard, it is specified that if the product has been delivered by the company DIVA SHOES SRL, the consumer is required to return it within ten working days from the date of receipt of the product itself. The product shall be deemed returned when it is delivered to the post office or courier. For the purpose of exercising the right of withdrawal as above regulated, is essential the essential integrity of the product to be returned; in this regard, we state that the products must: – be properly packed in their original packaging, in perfect condition for resale (not damaged, damaged or soiled) and equipped with card and all accessories, instructions for use and documentation ; – Bearing the transport document (present in the original), so as to enable society DIVA SHOES SRL identify the Consumer (order number, name and address); – Without manifest signs of use, if not those compatible with the operation of a normal test article. That is, they must not bear a trace of prolonged use (more than a few minutes) in excess of the time required for a test and should not be in a state that does not allow the resale. It ‘still the goods need to be returned in normal condition, and possibly used by the use of reasonable diligence. The assessments referred to above shall be referred to the vision of the company. If the returned Product does not conform to the above, the withdrawal will not be enforceable. The only costs payable by the consumer for exercising the right of withdrawal is the direct cost of returning the product.
If the consumer has exercised his right of withdrawal as provided above, the benefits that have already been received by the consumer or by the company of DIVA SHOES SRL must be returned. The company DIVA SHOES SRL will refund the price paid by the consumer provided the Product has been returned by the consumer, within thirty (30) days from the date of receipt by the company of DIVA SHOES SRL communication exercise of withdrawal or, if earlier, the date on which that company has received the returned Product. The risks related to the destruction or damage to the Products during the expedition are forgiven charged to the customer, it being understood that in such event, the Products will not be considered intact and the withdrawal will not be enforceable.
8. Warranty and complaints management
In the purchases made by consumers, the rules of law concerning security, including, if the rules laid down by the Consumer Code relating to warranty against Consumers, ie the Consumer Code Leg. September 6 2005 n. 206. Where evidence flaws and defects in products to be purchased under these GCS, the Consumer may contact, under penalty of forfeiture within two months when he discovered the defects or the fault of the product, the company DIVA SHOES SRL second the manner specified in these general terms and require repair or replacement of the Product. The choice between repair or replacement will be available to the consumer, except in the case where the remedy chosen objectively impossible or disproportionate to the other. The company DIVA SHOES SRL will, as appropriate, to do the repairs and replacements required within a reasonable period after receipt of the request of the Consumer. The company DIVA SHOES SRL invites the customer to describe in as much detail as possible the nature of the fault or defect identified and possibly to transmit a copy of the Order or the documents indicate the number of the Order, the number of consumer and any other useful data for the correct identification of the claim. If no reply is received to the Consumer within ten (10) working days, the company invites from now the consumer to solicit a response. The company DIVA SHOES SRL also advisable to check that the e-mails sent by the same not be re-routed or blocked by any ‘spam filters’ that do not reach their destination properly for other technical problems of the email program of customer recipient . In the event that the repair or replacement requests are impossible or excessively expensive, or did not take place within a reasonable period; or have caused significant inconvenience to the consumer the same, it may take his choice a fair price reduction or termination of this Agreement. It will not, in any case, for terminating the contract for minor defects, with respect to which it was not possible or would be too burdensome to repair or replacement of its products. It is expressly understood that the preceding sections shall not apply in case of defects in products purchased by Professionals, for which the company DIVA SHOES SRL, without prejudice to the extent required by law, no representation is made.
9. Changing the Terms and Conditions
On the occasion of any change to GCS, now DIVA SHOES SRL will promptly publish the GCS modified on the Site, and to give its communication within the Site. The GTC modified become an integral part of new contracts, as of the first order submitted by the Customer, following their publication on the Site. In the case of orders already submitted before notification, will apply the previous version of the GCS.
10. Clause replacement
If any provision or future of the GCS and / or the contract be or become wholly or partly invalid and / or ineffective or there is a gap in the provisions of the GCS and / or the contract, the remaining provisions of the GCS and the contract will remain valid and effective in all cases. It is understood that the company DIVA SHOES SRL and the customer will commit to negotiate in good faith the integration of the gap ie the replacement of the clause void and / or ineffective with the aim of achieving the same results pursued by the invalid or unenforceable provision and to safeguard the economic substance of the contract.
11. Jurisdiction for the resolution of disputes
The local jurisdiction for disputes arising from contracts concluded in accordance with these T & C is the Civil Judge of the place of residence or domicile of the consumer, if located in the territory of the Italian State. In all other cases, we will observe the legal codes in force.
Information regarding online dispute resolution pursuant to Art. 14 Para. 1 of the ODR (Online Dispute Resolution Regulation):
The European Commission gives consumers the opportunity to resolve online disputes pursuant to Art. 14 Para. 1 of the ODR on one of their platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a site where consumers can try to reach out-of-court settlements of disputes arising from online purchases and contracts for services.