Suede Loafers

Excerpt from Terms and Conditions of Sale

Delivery of the Products purchased on the Site is carried out in all the States indicated in the above article 1.7 at the delivery address indicated by the User in the order form. However, delivery can only be undertaken within the borders of the State associated with the "Country" in which the User is surfing at the time in which he/she begins the purchase procedure by clicking on "Add to basket" ("Country of Purchase") (e.g.: if the User, when beginning the purchase procedure of the product x and clicking on "Add to Basket", is surfing in the "Country" Italy, the delivery of the product can only be undertaken in Italy).

The User is therefore obliged to insert in the order form a delivery address which is located within the borders of the State associated with the Country of Purchase. Orders that contain the indication of a delivery address outside these borders shall be cancelled pursuant to and in accordance with article 1456 of the Italian Civil code and the Total Sum Due shall be refunded, if already paid, using the procedures and within the terms indicated in the previous article 5.4, if compatible.

Delivery cannot be made to the Channel Islands nor at P.O. Boxes or poste restante. If the delivery address is a P. O. box, or located in one of the aforementioned places, THE LUXER shall rescind the contract pursuant to and in accordance with article 1456 of the Italian Civil code and refund the Total Sum Due, if already paid, using the procedures and within the terms indicated in the previous article 5.4.

The expenses for delivery of the Products, which may vary according to the delivery procedure chosen by the User, and any additional cost, shall be borne by the User, except where otherwise stated in the Product Information Sheet or in other parts where this is communicated. The amount of the expenses shall be expressly and separately indicated (in Euros and inclusive of VAT) in the Product Information Sheet and, in any case, before the User proceeds with the transmission of the order, as well as in the e-mail confirming the order. In case it is necessary to refund the delivery expenses due to withdrawal of a Multiple Order as specified in art. 11 following, THE LUXER will proceed in refunding the cost of said expenses only if the User intends to rescind the entire Multiple Order; in that case, the cost of the delivery expenses will be fully refunded. Conversely the refund will not take place on account of the fact that the delivery fees incurred by the User (which THE LUXER always considers as a fixed sum regardless the number of ordered Products) are attributable to the delivery of other Products, other than those the User has withdrawn, part of the Multiple Order.If, instead, the refund of the delivery expenses follows the unavailability of one of the Products in the Multiple Order, as regulated in art. 5.5 and 5.6, or, alternatively, a non-fulfilment case on the part of THE LUXER as specified in art. 10.13, THE LUXER will proceed in refunding the cost of the delivery expenses in the following fashion:(i) if the User has selected the standard delivery option, by crediting him/her the amount of 3,00 euros for each unavailable Product/Product subject to THE LUXER’s non-fulfilment, or, optionally, if the User wishes so, he/she will be allowed a coupon which can be used on the Site via a promo code, of the same amount paid by the User for the delivery fees;(ii) if the User has selected the express delivery option, by crediting him/her the amount of 5,00 euros for each unavailable Product/Product subject to THE LUXER’s non-fulfilment, or, optionally, if the User wishes so, he/she will be allowed a coupon which can be used on the Site via a promo code, of the same amount paid by the User for the delivery fees.In none of these cases the refundable delivery fee amount shall exceed the sum effectively paid by the User for the delivery of the Products. The User’s choice - between the two options in art. 10.4 (i) and art. 10.4 (ii) shall be promptly notified to THE LUXER via e-mail at the e-mail address specified in art. 16 following. If the User has opted for the crediting of the amount as specified in art. 10.4 (i) or art. 10.4 (ii), this will occur as established in art. 10.16.

The terms of delivery are those indicated in the Product Information Sheet, before the User transmits the order, and in the e-mail confirming the order. They take effect from the moment the order is sent, without prejudice to what expressed in art. 9.3.3. In the case of omission of a term of delivery, this shall take place, in any case, within thirty days, taking effect from the day the contract is terminated. The delivery terms are calculated considering only working days and excluding Saturdays, Sundays and holidays.

At the time of delivery, in other words of the consignment of the Products to the carrier, the User shall be sent an e-mail confirming the delivery and containing a link that will allow him/her to track the delivery.

Deliveries shall be made using the UPS courier service, from Mondays to Fridays in normal office hours, excluding National holidays. THE LUXER hereby reserves the right to use other carriers and/or to use different forms of delivery. In this case the change shall be indicated in the Product Information Sheet or with another dedicated form of communication.

The obligation to delivery is fulfilled through the transfer of material availability or, in any case, of the Product(s) supervision to the User.

It is the responsibility of the User to check the conditions of the Product upon delivery. Provided that the risk of loss or damage of Products, not attributable to THE LUXER, is transferred to the User when the User or a third party designated by him/her and other than the carrier materially comes into possession of the Products. The User is strongly advised to check the state of the packaging and the number of Products received and the User is requested, where possible, to indicate any anomalies in the transport document of the carrier. If the package displays signs of tampering or alteration, the User should immediately communicate this to the Customer Service department; it being understood that the regulations regarding the right of withdrawal and legal guarantee of conformity still apply.

The User takes good notice that collection of the Product is his/her specific obligation deriving from the purchase contract. In the case of non-delivery due to the absence of the consignee at the address specified in the order form, the courier shall leave a notice of passage in the letterbox containing a contact number. The courier shall therefore make a second attempt to deliver the goods. After two failed attempts to deliver the product, the parcel shall be placed in the "unclaimed goods" section. The Customer Service department shall therefore send an e-mail to the User in order to unblock the unclaimed parcel and ensure that the parcel is delivered as soon as possible. If necessary, the Customer Service department shall arrange with the User a change in the delivery address. If this attempt should fail or the User does not reply to the Customer Service department's attempt to make contact, the Product shall be returned to THE LUXER and, in any case, 30 working days after the first attempt of delivery, the contract shall be deemed to be rescinded and the purchase order shall be considered cancelled in accordance with article 1456 of the Italian Civil Code. THE LUXER shall therefore proceed, within 15 working days following the rescission of the contract, to refund the Total Sum Due paid by the User, deducting the expenses for the unsuccessful delivery of the Product, the expenses for returning the product to THE LUXER and any other expenses it may have incurred due to the absence of the consignee. The User shall be informed of the rescission of the contract and the sum of the refund by e-mail. The refund shall be credited to the same means of payment used by the User for the purchase. If the User has paid via bank transfer, THE LUXER will request the User to provide his/her bank account details necessary for the refund. Any delays in crediting the amount may depend on the bank, the type of credit card or the form of payment used. In any case, the value date of the credited sum shall be the same as the charged sum.If, before the expiry of the thirty days the User asks to receive the Product again, THE LUXER shall proceed to arrange for the new delivery upon the charge, as well as the expenses for delivery, of the expenses for the return of the Product to THE LUXER and the expenses for storage.

Anyone who has not collected the parcel on more than two occasions cannot make purchases on the Site. If these parties should make orders which violate this provision, the purchase contract can be considered legally terminated pursuant to and in accordance with article 1456 of the Italian Civil Code. The User shall be informed of the rescission of the contract by e-mail and the Total Sum Due shall be returned to the User using the procedures and terms in accordance with the above article 10.10.

If the purchased Product is not delivered or its delivery is delayed with respect to the terms of delivery indicated in the Product Information Sheet and in the order confirmation, the User, in accordance with art. 61 of the Consumer Code, requests THE LUXER to carry out the delivery within an additional time limit suitable to the circumstances (“Additional Time Limit ex art. 61, comma III, Consumer Code”). If this additional time limit expires before the Products are delivered, the User is legitimized to rescind the contract (“Rescission of the Contract ex art. 61, comma III, Consumer Code”), without prejudice to the right to damage refund. The User is unencumbered with granting THE LUXER the Additional Time Limit ex art. 61, comma III, Consumer Code (“Excluded Cases”) if:
a) THE LUXER has expressly refused to deliver Products;
b) The compliance to the delivery time specified during the purchase process and in the order confirmation shall be considered essential, always considering all the circumstances that have led to the contract termination;
c) The User has informed THE LUXER, before the contract termination, that the delivery on or before a certain date is to be considered essential.In the Excluded Cases appendix if the User does not receive the Products on or before the delivery time indicated during the purchase process and in the order confirmation is legitimated to terminate the contract immediately, without prejudice to the damage refund (“Dissolution of the Contract in Excluded Cases”).The specification of the Additional Time Limit ex art.61, chapter III of the Consumer Code and the notification of the Contract Dissolution ex art.61, comma III of the Consumer Code or Dissolution of the Contract in Excluded Cases shall be notified by the User to THE LUXER to the addresses specified in art. 16 following.In case of Dissolution of the Contract ex art. 61, comma III of the Consumer Code or Dissolution in Excluded Cases, THE LUXER shall refund the User the Total Sum Due without undue delay. The refund shall occur as specified in art. 10.16 following.In case the User does not proceed in setting the Additional Time Limit ex art. 61 comma III of the Consumer Code or, if the conditions occur, in the Dissolution of the Contract ex art. 61, comma III of the Consumer Code or the Dissolution in Excluded Cases, except in the case the User avails himself/herself of these reliefs and/or the ordinary legal means at disposition and, especially, in Chapter XIV, Title II, Book IV of the Civil Code, THE LUXER engages in:
i. Promptly notifying the User via e-mail of the delayed delivery (“Delay Notice E-mail”), simultaneously specifying the new delivery term, if available (“New Delivery Term”);ii. Refunding the User the delivery expenses, if already paid, within 10 working days of the New Delivery Term due date in case of delivery with a delay of 1 to 3 working days in respect to the New Delivery Term, or not requesting the payment of the delivery expenses if not yet paid.iii. Allowing the User, upon request, to reject the delivery and terminate the contract in case of delivery with a delay of 4 to 10 working days in respect to the New Delivery Term – with consequent refund of the Total Sum Due if already paid, immediately and, anyway, within 10 working days of the request of dissolution of the contract – or, as an alternative, in case the User does not intend to terminate the contract, to refund the User the delivery expenses, if already paid, within 10 working days of the request, or not to request the payment of the delivery expenses if not already paid for;iv. Offering the User, in addition to what expressed in art. 10.12 above, the supply of a different Product of equal or higher value, upon payment, in this latter case, of the difference upon the User's express acceptance if the delay is greater than 10 working days in respect to the New Delivery Term or, in any case, greater than 20 working days in respect to the original delivery date.

In case of Multiple Orders containing Products which need to be delivered separately, the provision whereof in art. 10.12 above will find independent application for each delivery case. In respect to each delivery and therefore, limited to the Products pertaining the same, the User shall proceed in setting the Additional Term ex art.61, comma III of the Consumer Code and the Dissolution ex art. 61, comma III of the Consumer Code, or the Dissolution of the Excluded Cases, if the conditions occur. In this case THE LUXER will refund the User the Partial Sum Due without undue delay. The refund will occur according to what expressed in art 10.16 following.In case the User does not proceed in setting the Additional Term ex art. 61, comma III of the Consumer Code or, if the conditions occur, the Dissolution of the Contract ex art. 61, comma III of the Consumer Code or the Dissolution of the Contract in the Excluded Cases, in regard to each delivery and related Products, without prejudice to the possibility for the User to avail himself/herself at any time of these reliefs and/or the ordinary legal means at disposition and, especially, in Chapter XIV, Title II, Book IV of the Civil Code, THE LUXER engages in:i. Promptly sending the User the Delay Notice E-mail, simultaneously specifying the new delivery term, if available;ii. Refunding the User the delivery expenses, if already paid, calculated as indicated in art. 10.4 above, within 10 working days of the New Delivery Term due date in case of delivery of one of the Products included in the Multiple Order with a delay of 1 to 3 working days in respect to the New Delivery Term, or not requesting the payment of the delivery expenses if not yet paid.iii. Allowing the User, upon request, to reject the delivery and partially terminate the contract limited to and in exclusive reference to the Product included in the Multiple Order and delivered after the expected delivery date, in case of delivery with a delay of 4 to 10 working days in respect to the New Delivery Term – with consequent refund of the amount paid by the User for that specific Product, including delivery expenses, calculated as indicated in art. 10.14 above immediately and, anyway, within 10 working days of the request of partial dissolution of the contract – or, as an alternative, in case the User does not intend to partially terminate the contract, to refund the User – within 10 working days of the request – the delivery expenses, if already paid, within 10 working days of the request, or not to request the payment of the delivery expenses if not already paid for. The termination of the entire Multiple Order will occur only if the unavailable Product(s) of the Multiple Order is/are not considered ancillary in respect to the other Product(s) available.iv. Offering the User, in addition to what expressed in art. 10.13 (iii) above, the supply of a different Product of equal or higher value, upon payment, in this latter case, of the difference upon the User's express acceptance if the delay in the delivery of one of the Products included in the Multiple Order is greater than 10 working days in respect to the New Delivery Term or, in any case, greater than 20 working days in respect to the original delivery date.

In case of failed sending of the Delay Notice E-mail or failed setting of the same in the New Delivery Term, all terms whereof in art. 10.12 (ii), (iii) and (iv), and 10.13 (ii), (iii) and (iv) above will become effective starting from the original delivery date.

The acceptance of the New Delivery Term and, in the cases whereof in art. 10.12 (iii) and (iv), and 10.13 (iii) and (iv), the User’s choice shall be promptly notified to THE LUXER via e-mail to the e-mail address whereof in art. 16 following.

In all cases whereof in art. 10.12 and 10.13 above where a refund is due to the User, the sum of the refund shall be notified to the User via e-mail. It shall be credited to the User using the same form of payment used by the User for the purchase. In case of payment via bank transfer, THE LUXER will request the User his/her bank account details necessary to the refund. Any delays may depend on the bank or the type of credit card used or the payment method used. In any case the value date of the re-credited sum shall be the same as the charged sum.

Excerpt from Terms and Conditions of Sale

All the Products sold on the Store are covered by the Legal Warranty of Conformity as provided by articles 128-135 of the ("Consumer Code") ("Legal Warranty").

12.2 TO WHOM IT APPLIES

The Legal Warranty is reserved for consumers. It therefore applies solely to users who have made the purchase on the Store for purposes other than entrepreneurial, commercial, craft or professional activities.

12.3 WHEN IT APPLIES

The seller (and, therefore, with regard to purchases made on the Store, ITALIANTOUCH) is liable vis-à-vis to the consumer for any lack of conformity existent at the time of delivery of the product and which shows up within two years of the said delivery. The seller must be informed of the lack of conformity, under penalty of expiration of the guarantee, within two months from the date in which it was discovered.

Unless proven otherwise, it shall be presumed that the lack of conformity that manifest themselves within six months from the delivery of the product already existed at that date, unless this hypothesis is incompatible with the nature of the product or with the nature of the lack of conformity. Starting from the seventh month following the delivery of the product, the burden of proof to demonstrate that the lack of conformity already existed at the moment of delivery of the product shall lie with the consumer.

In order to take advantage of the Legal Guarantee, the user must therefore provide proof of the date of the purchase and delivery of the good. It is therefore advisable, to prove the purchase, for the user to keep the invoice sent by ITALIANTOUCH, as well as the transport document or any other document that certifies the date of the purchase (such as the credit card statement or the bank statement) and the delivery date.

12.4 WHAT IS A LACK OF CONFORMITY?

A lack of conformity exists when the purchased good:

i. is not suitable for performing the function for which goods of the same type are normally used;

ii. does not conform to the description provided by the seller and does not possess the features that the seller presented to the consumer as a sample or model;

iii. does not display the features and performance that are normal for a good of this type, which the consumer could reasonably expect, considering the declarations made in the advertising or on the labelling;

iv. is unsuitable for the specific use desired by the consumer who informed the seller at the time of the completion of the contract, culminating in the seller's acceptance of the situation.

The Legal Warranty does not cover faults or malfunctioning caused by accidental incidents or due to the user's responsibility or by use of the product that does not comply with its intended use and/or the information contained in the technical documentation accompanying the product.

12.5 SOLUTIONS AVAILABLE TO THE USER

In case of a lack of conformity reported within the prescribed period, the user is entitled:

i. firstly, to the repair or free replacement of the good, according to preference, unless the requested solution is objectively impossible or excessively expensive with respect to the other one;

ii. secondly (in cases where repair or replacement are impossible or excessively expensive or where repair or replacement have not been made within a reasonable period of time or where the repair or replacement have caused significant inconvenience to the consumer) to the reduction in the price or to the termination of the contract, according to the preference of the user.

The requested solution is excessively expensive if entails user unreasonable expenses for the seller compared to alternative solutions, considering (i) the value that the good would have if there was no lack of conformity; (ii) the entity of the lack of conformity; (iii) the possibility that the alternative solution can be achieved without significant inconvenience for the consumer.

12.6 WHAT CAN YOU DO WHEN THERE IS A LACK OF CONFORMITY?

If a product purchased on the Store, during the period of validity of the Legal Warranty, should display what could be a lack of conformity, the user can contact the Customer Service as indicated in Article 16. The Customer Service department will reply promptly to the communication, informing the user of the next steps that he/she should take.

The Product which the user claims has a lack of conformity should be sent to ITALIANTOUCH which will evaluate the existence or otherwise of the claimed defect, to the following address:

ITALIANTOUCH

C/O FASHION LOGISTICS
Via Carlo Strinati, 17
28100 Piacenza (PC)

In order to return the Product which, according to the user, presents a lack of conformity, ITALIANTOUCH makes a pre-paid procedure of return via UPS available for the user, at his/her discretion, and without prejudice to the possibility for the user to proceed in returning the Product(s) via another carrier. The user shall use the pre-printed and pre-paid label which can be found inside the parcel containing the Product, applying it on the package of the Product(s) to be returned and following the procedure specified in the accompanying document of the label itself. Should it be requested, the UPS code of the consignee is Y5239E (Italiantouch S.r.l).

ITALIANTOUCH hereby reserves the right to ask the user to enclose to his/her request the invoice and/or transport document or any other document that proves the date of purchase and the delivery date.