The assets subject to these General Conditions are offered on sale by Calzaturificio Rolly di Malaccari Gianfranco & C. snc, located in Civitanova Marche (MC), via Vittorio Valletta n. 10, identified by fiscal code, VAT number, and Chamber of Commerce of Macerata registration No. 00706110434, hereinafter referred to as “Supplier”.
Art. 1 – Definitions
1.1. With the expression "online sale contract", we intend the sales and purchase agreement regarding the Supplier materials/personal properties, drawn up between the Supplier and the Buyer on a remote sales system via telematics, organised by the Supplier.
1.2. With the expression "Consumer Code", we intend legislative decree no. 206/2005.
1.3. With the words “Buyer” and/or “Consumer” we are referring to the natural person who performs the act of purchasing for purposes not related to his/her commercial and/or professional activity.
1.4. With the word “Supplier” we are referring to the subject indicated in epigraph.
1.5. With the word “Damaged” we intend the subject that in accordance with Article 114 et seq. of the Consumer Code has suffered harm caused by product defects.
1.6. With the word “Supplier” we intend the professional which is responsible for the warranty referred to in Article 128 et seq. of the Consumer Code.
Art. 2 – Subject of the contract
2.1. With this contract, the Supplier sells and the Consumer remotely purchases via telematics the tangible movable items offered for sale on the following website: http://www.voistore.it
2.2. The items referred to in the point above are shown on the following web pages:
http://voistore.it/content/7-ll-gallup-brand , http://voistore.it/content/8-rolls-gallup-brand , and http://voistore.it/content/9-co-e-moda-brand .
2.2.1. The images shown with reference to the items offered in the catalogue mentioned above (2.2.) could be not fully representative of the related items in terms of colour, size, and subsidiary variants.
Art. 3 – Contract Stipulation Mode
3.1. The contract between the Supplier and the Consumer shall be concluded exclusively online after the Consumer visits the following page http://www.voistore.it and follows the procedures indicated on the website in order to formalize his/her purchase in relation to the tangible movable items mentioned above (2.1.).
3.2. The technical measures placed at the disposal of the Consumer to detect and correct data entry mistakes before placing the order are made available and specified from time to time by the computer system that manages the purchasing procedures.
3.3. The order confirmation provided by the Consumer by following the online purchase procedure enables the Supplier to know and locate the IP address of the device (computer, tablet, smartphone etc.) that has been used to place the order. That address will enable the competent State authorities to locate the device and prosecute, within the term provided by law, possible crimes such as fraud, blackmail attempts, theft, misappropriation, counterfeiting, and any other contravention which may cause damage to the Supplier.
Art. 4 - Conclusion and effectiveness of the contract
4.1. The purchase agreement concludes by means of the exact compilation of the application form and the consent to the purchase expressed through the on-line membership, that is the compilation of the online electronic order form on the website http://www.voistore.it and its consequent electronic submission after displaying a (printable) web page of the order summary in which the details of the Consumer and the order, the price of the purchased goods, the shipping costs and any additional ancillary charges, the modalities and the payment terms, the address where the goods will be delivered, the time of delivery and the terms of the right of withdrawal are listed.
4.2. When the Supplier receives the order from the Consumer, the Supplier provides a confirmation e-mail or the display of a printable web page confirming and summarizing the order, which also shows the data recalled in the previous point.
4.3. In the absence of the above mentioned necessary provisions, the contract cannot be considered finalised and effective between the parties.
Art. 5 - Method of payment and reimbursement
5.1. Any payment by the Consumer can be made only by means of one of the methods indicated on the Supplier's web page.
5.2. Any possible refund to the Consumer shall be credited by means of one of the conditions proposed by the Supplier and chosen by the Consumer in a timely manner, and, in the event of the exercise of the right of withdrawal, as governed by art. 13, point 2 et seq. of this agreement, at the latest within 30 days from the date on which the Supplier became aware of the withdrawal itself.
5.3. All communications relating to payments must take place through the payment system stated in the Supplier's website.
Art. 6 - Time and mode of delivery
6.1. The Supplier will deliver the products selected and ordered, according to the method selected by the Consumer on the website at the time of the offer of the asset, as confirmed in the e-mail referred to in point 4.2
6.2. Shipping times may vary depending on the selected product up to a maximum of 30 working days from order confirmation. In the event that the Supplier is unable to dispatch the order within the time limit laid down in the website, but he is able to carry out the shipment within the above mentioned deadline, a prompt notification will be given via e-mail to the Consumer.
6.3. The procedures, times, and shipping costs are clearly indicated and well highlighted on the website http://www.voistore.it, Conditions of Sale page.
Art. 7 – Prices
7.1. All sales prices of products displayed and indicated within the website http://www.voistore.it are expressed in euro and are offered to the public under art. 1336 c.c..
7.2. The sales prices referred to in the preceding paragraph shall include VAT and any other tax. The shipping costs and any ancillary charges (e.g. customs clearance), if any, even if not included in the purchase price, must be indicated and calculated in the purchase procedure before the Consumer places the order and are contained in the order summary web page.
7.3. The prices indicated in correspondence of each of the goods offered to the public are valid until the Supplier modifies them.
Art. 8 – Availability of products
8.1. The Supplier ensures the processing and fulfillment of orders without delay through the electronic system used. For this purpose, the Supplier shows in real-time, in the elecrtonic catalog, the number of available and unavailable products, as well as delivery times.
8.2. If an order exceeds the quantity existing in the warehouse, the Supplier, by e-mail, will inform the Consumer if the item is no longer available or what are the waiting times to obtain the chosen good, asking if the Buyer intends to confirm the order or not.
8.3. The Supplier's computer system confirms the registration of the order as soon as possible by sending the Consumer a confirmation by e-mail (as referred to in point 4.2.).
Art. 9 – Limitations of liability
9.1. The Supplier assumes no responsibility for any ineligibility due to force majeure such as war, terrorist attacks, expropriations of equipments or installations, sabotage, arson, explosions, floods, tornadoes, hurricanes, earthquakes, general strikes (including national sector strikes), water/power cuts longer than 12 consecutive hours, and, in general, every extraordinary event not directly imputable to the Supplier that make him unable to execute the order at the time stipulated in the contract.
9.2. The Supplier shall not be liable to the Buyer, except in cases of wilful misconduct and gross negligence, for any failure or malfunction connected with the use of the Internet network outside the control of his/her subcontractors.
9.3. The Supplier shall also not be liable for damages, losses and costs incurred by the Consumer as a result of the non-execution of the contract for reasons not attributable to the Supplier, being the Buyer entitled only to the full refund of the price paid and any ancillary charges incurred.
9.4. The Supplier assumes no responsibility for any fraudulent and illicit use that may be made by third parties of credit cards, cheques and other means of payment for the payment of the products purchased, if the Supplier can prove that he has adopted every precaution on the basis of the best science and experience of the moment and on the basis of ordinary diligence.
9.5. In no event shall the Consumer be liable for delays or misleads in payment if he/she can prove that he/she has made the payment according to the time and manner indicated by the Supplier.
Art. 10 - Defect liability, proof of damage and refundable damages: the Supplier's obligations
10.1. In accordance with Articles 114 et seq. of the Consumer Code, the Supplier is also the manufacturer of the goods offered for sale online, therefore he/she is liable for damage caused by any fault in the product.
10.2. The above mentioned request by the injured party must be in writing and must indicate the product that caused the damage, the place and date of purchase; it must also include the offer in view of the product, if it still exists.
10.3. The Supplier cannot be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product, to a mandatory legal rule or to a binding provision, or if the state of scientific and technical knowledge, at the time when the manufacturer put the product into circulation, did not yet allow the product to be considered defective.
10.4. No compensation will be due if the injured party has been aware of the defect in the product and the danger arising from it and nevertheless has voluntarily exposed it.
10.5. In any case, the damaged party must prove the defect, damage and causal connection between defect and damage.
10.6. The injured party may request compensation for damage caused by death or personal injury or by the destruction or deterioration of a thing other than the defective product, provided that it is of a type normally intended for private use or consumption and so mainly used by the injured party.
10.7. The damage to things referred to in art. 123 of the Consumer Code will, however, be compensable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (€ 387).
Art. 11 - Warranties and assistance methods
11.1. The Supplier is liable for any possible conformity defect on condition that such defect has been reported within two years from delivery.
11.2. For the purpose of this regulation, the products shall be presumed to have satisfied these Sale Conditions if, where relevant, the following conditions coexist: a) they are suitable for the use to which goods of the same type are normally used; b) they comply with the description given by the Supplier and possess the qualities of the good that the Supplier has presented to the Consumer as a sample or model; c) they present the usual quality and performance of a good of the same type which the Consumer can reasonably expect, taking into account the nature of the good and, where appropriate, the public statements on the specific characteristics of the goods made by the Supplier, producer or its agent or representative, in particular in advertising or on labelling; d) they are also suitable for the particular use intended by the Consumer and which has been brought to the knowledge of the Supplier at the time of conclusion of the contract and that the Seller has also accepted for conclusive facts.
11.3. The Consumer forfeits all rights if he/she does not report the lack of conformity to the Supplier within two months from the date on which the defect was discovered. The complaint is not necessary if the Supplier acknowledged the existence of the defect or has concealed it.
11.4. In any case, unless there is proof to the contrary, it is presumed that the conformity defects that occur within six months from delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or the nature of the defect of compliance.
11.5. In the event of lack of conformity, the Buyer as a Consumer may request, alternatively and without charge, according to the following conditions, the repair or replacement of the purchased good, or a reduction in the purchase price or termination of this contract, unless the request is objectively impossible to satisfy or results excessively burdensome pursuant to Art. 130, paragraph 4, of the Consumer Code.
11.6. The request must be sent in writing, by registered mail with return receipt to the Supplier, which will indicate its willingness to proceed with the request, or the reasons that prevent it from doing so, within seven working days of receipt. In the same communication where the Supplier has accepted the Buyer’s request, it must indicate the method of sending or returning the goods as well as the deadline for the return or replacement of the defective goods.
11.7. If the repair and replacement are impossible or excessively burdensome, or the Supplier has not repaired or replaced the goods within the period referred to in the previous point or, lastly, the replacement or repair previously carried out has caused significant inconveniences to the Consumer, he/she may request, at his/her choice, a reasonable reduction of the price or the termination of the contract. In this case, the Consumer must send his/her request to the Supplier, which will indicate its willingness to proceed with the same, or the reasons that prevent it from doing so, within 7 working days from receipt.
11.8. In the same communication where the Supplier has accepted the request of the Consumer, the Supplier must indicate the reduction of the proposed price or the method for returning the defective goods. In such cases, the Consumer will indicate the method for crediting the amount previously paid to the Supplier.
Art. 12 - Consumer responsibilities
12.1. The Consumer undertakes to pay the price of the goods purchased in the time and manner indicated by the contract.
12.2. The Consumer undertakes, once the online purchase procedure has been completed, to print and keep the web page that contains the order data mentioned in Art. 4.1.
12.3. The information contained in this contract has, moreover, already been viewed and accepted by the Consumer, who acknowledges it, since at the time of finalizing the order a reference to this web page is shown.
Art. 13 - Right of withdrawal
13.1. The Consumer may withdraw from the Conditions and therefore from the purchase contract for any reason, without giving reasons and without any penalty, within 14 days from the date of receipt of the product purchased.
13.2. If the Supplier fails to inform the Consumer about the right of withdrawal and/or about the times and methods of the return or collection of the goods when the Consumer has the right of withdrawal (Art. 52, Consumer Code), the time limit to exercise the right is 12 months and 14 days, and such period shall begin to run on the day on which the product is received by the Consumer.
13.3. In the event that the Consumer decides to exercise his/her right of withdrawal, he/she shall notify the Supplier (Calzaturificio Rolly di Malaccari Gianfranco & C. snc) by registered mail with return receipt to the address Calzaturificio Rolly s.n.c., Via Vittorio Valletta, 10, 62012 Civitanova Marche (MC), Italy, or alternatively by fax to the number 0733 895111, or alternatively by e-mail to firstname.lastname@example.org , provided that these communications are confirmed by registered mail with return receipt to the address Calzaturificio Rolly s.n.c., Via Vittorio Valletta, 10, 62012 Civitanova Marche (MC), Italy within 48 hours (the stamped postal date on the envelope being decisive). For the purpose of exercising the right of withdrawal, the submission of this communication may be replaced by the return of the purchased goods, provided that the same terms are respected (the stamped postal date on the envelope being decisive).
13.3.1. If the Consumer does not intend to exercise his/her right of withdrawal by registered mail with return receipt but plans to do it by returning the purchased goods, he/she will be able to do it by filling out the return form (see the Returns Policy button below) and the Supplier will arrange the pick up, without cost to the Customer, by sending a courier to the address where the products were delivered, or to a different address given by the Consumer.
13.4. The return of the goods must be done within 30 days, and such period shall begin to run on the day on which the product is received by the Consumer. In any case, to be entitled to a full refund of the price paid, the asset must be returned intact and, however, in a good state of preservation.
13.4.1. The goods must be returned intact, complete with all their parts and in the original packaging. The goods must be repacked appropriately in order to safeguard their integrity and facilitate a safe transport. For this purpose, the original packaging shall be covered with protective material in order to be protected from casual impacts, decals, and anything else that could alter the appearance of the original packaging.
13.5. The Customer cannot exercise his/her cancellation right in case of a not prefabricated product manufactured by the Supplier on the order and demands of the Customer, or in case of products tailored to the demands of the Customer; in the event of perishables or products with short expiration date; in the event of products the prices of which are affected by the fluctuation of financal markets which cannot be influenced by the Supplier; and in in any other case covered by Art. 55 of the Consumer Code.
13.6. The sole expenses owed by the Consumer for the exercise of the right of withdrawal pursuant to this article shall be the direct costs of returning the goods to the Supplier, unless the Supplier agrees to bear these costs.
13.7. The Supplier shall reimburse the full amount paid by the purchaser within 30 days of receipt of the notice of withdrawal.
13.8. With the receipt of the communication with which the Consumer communicates the exercise of the right of withdrawal, the parties to this agreement shall be dissolved from the reciprocal obligations, except as provided for in the preceding paragraphs of this article.
13.9. The Consumer may request the replacement of the purchased product and make use of the possibility of withdrawal laid down in point 13.3.1. by filling in the replacement form (see the Returns Policy button below). In this case, the product to be replaced shall be returned to the Supplier in accordance with the conditions laid down in point 13.4.1.
Art. 14 - Causes of resolution
14.1. The obligations referred to in point 12.1, taken by the Consumer, and the guarantee of the good end of the payment which the Consumer carries out with the means referred to in point 5.1, and also the exact fulfilment of the obligations assumed by the Supplier in point 6, are essential, so that, by express agreement, the failure of one of those bonds, if not determined by chance or force majeure, will result in the termination of the contract ex art. 1456 C.C., with no need for judicial pronunciation.
Art. 15 - Protection of confidentiality and processing of Consumer's data
15.1. The Supplier protects the privacy of its Buyers and guarantees that the data processing complies with the provisions of the privacy legislation pursuant to Legislative Decree 30 June 2003, n. 196.
15.2. Personal and fiscal personal data acquired directly and/or through third parties by Calzaturificio Rolly di Malaccari Gianfranco & C. snc (represented by Gianfranco Malaccari, Data Controller) are collected and processed by the internal/external staff responsible for the management of the website, in paper, IT and telematic form, in relation to the processing methods for the purpose of registering the order and activating the procedures for the execution of this contract and the relative necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow an effective management of commercial relations to the extent necessary to carry out the service requested as best as possible (art. 24 , paragraph 1, letter b, Legislative Decree No. 196/2003).
15.2.1. The computer systems and software procedures used to operate this website acquire, during their normal operation, some personal data whose transmission is implicit in the use of Internet communication protocols. They are information that is not collected to be associated with identified data subjects, but considering their very nature could identify the users, through processing and association with data held by third parties. This category of data includes the IP addresses or domain names of the computers used by users connecting to the website, the addresses in the URI (Uniform Resource Identifier) notes of the requested resources, the time of the request, the manner used to submit the request to the server, the size of the file obtained in response, the numeric code indicating the status of the response given by the server (success, error etc.) and other parameters relating to the operating system and the user’s IT environment.
15.2.2. Cookies aren’t used for transmission of personal information, nor are used “persistent cookies” of any kind or other user tracing systems. The use of session cookies (which aren’t memorised permanently on the user’s computer and disappear once the browser is quitted) is strictly limited to the purpose of transmitting session IDs (casual numbers generated by the server) in order to allow a safe and efficient browsing of the website.
15.3. The Supplier undertakes to treat the data and information transmitted by the Buyer as confidential and not to disclose them to unauthorized persons, or to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data can be shown only upon request of the judicial authority or other authorized authorities by law.
15.4. Personal data will be communicated, subject to the signing of a confidentiality commitment of the data, only to subjects delegated to carry out the activities necessary for the execution of the stipulated contract and communicated exclusively for this purpose.
15.5. The Buyer enjoys the rights set forth in art. 7 of Legislative Decree 196/03, and that is the right to obtain: a) updating, rectification or, when interested, integration of data; b) the deletion, transformation into anonymous form or blocking of data processed in violation of the law, including those for which conservation is not necessary in relation to the purposes for which the data were collected or subsequently processed; c) the attestation that the operations referred to in letters a) and b) have been brought to the attention, also with regard to their content, of those to whom the data have been communicated or disseminated, except in the event that such compliance occurs it proves impossible or involves the use of means manifestly disproportionate to the protected right. The interested party also has the right to object, in whole or in part: i) for legitimate reasons to the processing of personal data concerning him, even if pertinent to the purpose of collection; ii) to the processing of personal data concerning him for the purpose of sending advertising material or direct sales or for carrying out market research or commercial communication.
15.6. The communication of personal data by the Buyer is a necessary condition for the correct and timely execution of this contract. Failing this, the Buyer's request cannot be met.
15.7. In any case, the data acquired will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. They will be safely removed anyway.
15.8. The owner of the collection and processing of personal data is the Supplier, represented by Gianfranco Malaccari, to whom the Consumer may direct all requests to the company headquarters.
15.9. Anything that should reach the e-mail address (also electronic) of the Supplier (requests, suggestions, ideas, information, materials, etc.) will not be considered confidential information or data, and it must never violate the rights of others and must contain valid information, not detrimental to the rights of others, and truthful. In any case, no responsibility for the content of the messages can be attributed to the Supplier or the data processing supervisor.
Art. 16 – Contract storage
16.1. Pursuant to art. 12 of legislative decree 70/2003, the Supplier informs the Customer that every order is preserved in digital/paper form in the Supplier's server and/or head office in accordance with privacy and safety criteria.
Art. 17 – Queries and complaints
17.1. Written notifications to the Supplier and possible complaints shall be deemed valid only if they are sent to the following e-mail address: email@example.com . The Consumer shall also indicate in the registration form his/her residence and/or postal address, telephone number, and e-mail address to which he/she would like to receive notifications by the Supplier.
Art. 18 – Dispute settlement
18.1. All disputes arising from this contract will be referred to the Chamber of Commerce of Macerata and resolved in accordance with the Conciliation Rules adopted by it.
18.2. If either party intends to refer the matter to the ordinary judicial authority, the competent court is the Consumer's place of residence or domicile of choice, mandatory under Article 33, paragraph 2 of legislative decree 206/2005.
Art. 19 – Applicable law
19.1. This agreement is governed by Italian law.
19.2. For all herein expressly not provided for, the provisions of Italian law are in force, and in particular the provisions of the Art. 6 of Rome I Regulation.
19.3. Pursuant to Art. 60 of legislative decree 206/2005, here is expressly recalled the provisions contained in Part III, Title III, Chapter I of Legislative Decree 206/2005.
Art. 20 – Final Provisions
In case of any differences between the present General Terms and Conditions as well as any written or unwritten contractual condition, trade practice or business deal of the Customer, the conditions set forth in the current General Terms and Conditions shall govern.