LADY SHOES SRL Terms and Conditions of Sale

General Terms and Conditions of Sale

General Terms and Conditions of Sale (CGV) for purchases made online on the website www.elisalanci.shop

LADY SHOES SRL, CORSO ATELLANO 51/53 81030 - SANT'ARPINO (CE), Italy, invites users to read these General Terms and Conditions of Sale, hereinafter also referred to by the abbreviation “CGV”, which govern the purchase of products and the management of orders placed on the website.

On the website www.elisalanci.shop shoes, leather goods, and clothing items are offered for retail sale, both of our own production and from various major international and national brands indicated on the website and accessible through ordinary browsing of the website.

The products are sold through the website www.elisalanci.shop and completed by the user, who, for this purpose, accepts these “CGV” by ticking the appropriate box, namely by selecting the box in which acceptance of the conditions set out in this section is requested.

1. User registration, conclusion of the contract, and delivery of the products

1.1 Every order placed on www.elisalanci.shop implies the conclusion of a sales contract in Italian.

1.2 In order to complete the purchase order, the customer must fill in the website registration form, indicating all personal details and the payment method selected from those available on the form, accept the CGV, and read the privacy policy, authorizing the selling company to process the relevant personal data in accordance with the procedures indicated in that privacy policy.

1.3 Once registration has been completed, the purchaser may browse the website to select products and add them to the virtual cart.

1.4 By clicking the “Buy” button, the customer places a binding order for the items contained in the virtual cart. Upon generation of the order in the manner described above, LADY SHOES SRL will send the customer an order confirmation email within 24 hours, indicating the goods purchased, their availability for delivery, the shipping address for the ordered goods, the estimated delivery times, the total price paid or to be paid, and the payment method chosen by the purchaser. If the payment method chosen by the purchaser is bank transfer, the order confirmation will also indicate the details (banking information and beneficiary) for making the transfer. The sales contract shall be deemed concluded between LADY SHOES SRL and the customer when the latter receives the order confirmation. If the customer does not receive an order confirmation within the period indicated in this art. 1.4, the relevant order shall be deemed rejected by LADY SHOES SRL and therefore without effect.

1.5 Orders for which the customer has opted for advance payment, other than by credit card or PayPal, will be shipped as soon as LADY SHOES SRL receives full payment of the purchase price, as shown in the summary section above the “Purchase” selection button. Ma vie est ma Srls therefore invites the customer to pay the price as soon as the order confirmation is received and in any event within the following 7 days.

1.6 If the products covered by the order are unavailable for reasons beyond LADY SHOES SRL's control, the latter will notify the customer within 24 hours of the order being generated, or within the same period in which the confirmation email is sent. In this case, LADY SHOES SRL shall have no obligation to deliver the goods ordered and shall only be required to refund any price already paid by the customer.

1.7 LADY SHOES SRL shall under no circumstances be obliged to search for and obtain unavailable products from other sources. LADY SHOES SRL is obliged only to deliver what is available in its warehouse. The delivery time indicated in the order confirmation is expressed in

business days, meaning all days from Monday through Friday inclusive, expressly excluding any public holidays.

2. Prices, shipping costs, delivery methods, failed delivery.

2.1 The customer is required to pay the price published on the product page at the time the order is submitted. The indicated price is final and includes VAT.

2.2 Shipping costs consist of a variable amount ranging from € 7.00 to € 13.00, including VAT, for all orders, as indicated on the product detail page and in the cart when submitting the order, and as summarized in the order confirmation email. These shipping costs are invoiced by LADY SHOES SRL. If the Customer returns the products in accordance with the procedure set out in these terms and applicable legislation, and if the return is not due to a defect in the quality of the product sold, but merely to the Customer's choice or change of mind, the shipping costs will not be refunded. If the purchased goods are returned due to a defect in the purchased product, the shipping costs will be borne by LADY SHOES SRL.

2.4 The above-mentioned carrier will make a maximum of 3 delivery attempts. If delivery cannot be completed because the customer cannot be located, after all delivery attempts have been exhausted, the carrier will return the goods to the company. In this case, the contract will be automatically terminated, with LADY SHOES SRL and the carrier indicated in point 2.3 above having no further obligation to deliver.

2.5 Following termination of the sales contract due to the failure to deliver described in point 2.4 above, LADY SHOES SRL must refund the customer the purchase price paid, excluding shipping costs. However, due to the failed delivery, the customer remains responsible for the costs of returning the goods and shipping them back to the company, totaling € 13.50. These amounts will automatically be withheld by LADY SHOES SRL by offsetting them against the sales price to be refunded to the customer.

3. Payment

3.1 LADY SHOES SRL accepts the following payment methods: credit card, PayPal, or bank transfer. LADY SHOES SRL reserves the right to refuse certain payment methods and to request different payment methods for specific orders. If the Customer chooses to pay by bank transfer, the goods covered by the order will be shipped only once the transferred amount has been recorded, with the current value date.

3.2 If the Customer decides to use a credit card as the payment method, they acknowledge that, in order for the selling company to properly receive the order, they must enter the following information in the specific form indicated on the website:

- first and last name of the credit cardholder;

- credit card number;

- credit card expiry date;

- security code (3 digits on the back of the card for Visa and Mastercard and 4 digits for American Express).

3.3. The buyer agrees to receive invoices and credit notes exclusively in electronic format.

4. Right of withdrawal

4.1 The customer has the right to withdraw from any order concerning LADY SHOES SRL, without providing any reason and by any explicit statement delivered to LADY SHOES SRL

4.2 All information regarding the right of withdrawal is provided below to properly inform the customer. Before exercising this right of withdrawal, the customer is invited to review the information described below, in accordance with Article 49, paragraph 1, letter h of Legislative Decree No. 206/2005 (Consumer Code), as amended by Legislative Decree No. 21 of February 21, 2014:

4.2.1 Right of withdrawal (Article 52 of the Consumer Code)

The customer has the right to withdraw from the contract without stating any reasons within 14 days. The withdrawal period expires after 14 days from the day on which the customer or a third party, other than the carrier and designated by the customer, acquires physical possession of the last goods ordered. In the case of a contract concerning multiple goods ordered by the customer in a single order and delivered separately, the 14-day period begins on the day on which the customer or a third party, other than the carrier and designated by the customer, acquires physical possession of the last goods.

4.2.2 Exercise of the right of withdrawal (Article 54 of the Consumer Code)

To exercise the right of withdrawal, it is necessary to inform LADY SHOES SRL, CORSO ATELLANO 51/53 81030 - SANT'ARPINO (CE), Italy, by registered letter with return receipt of the decision to withdraw from this contract, through any explicit statement to that effect. For this purpose, it is possible, but not mandatory, to use the standard text set out in section 4.2.5 below. If the customer decides not to use the text provided in section 4.2.5 below, they must submit any other explicit and unequivocal statement of their decision to withdraw from the contract.

4.2.3 Effects of exercising the right of withdrawal (Article 55 of the Consumer Code)

Following withdrawal from this contract, LADY SHOES SRL will refund all payments made by the purchaser for the purchase of the goods subject to the withdrawal. Delivery costs will remain payable by the Customer if the withdrawal results solely from the Customer's choice and not from a defect in the purchased and returned item; in the latter case, shipping costs will also be refunded by LADY SHOES SRL

The refund of the amounts identified above will be made without undue delay and, in any event, no later than 14 days from the day on which LADY SHOES SRL is informed by the customer of the decision to exercise the right of withdrawal. These refunds will be made using the same payment method used by the customer at the time of purchase, unless otherwise agreed. In any event, the customer will not incur any costs as a result of such refund. The refund may be suspended until LADY SHOES SRL receives the products subject to the withdrawal or until the customer demonstrates that such goods have been shipped, whichever is earlier. It is specified that, for the purposes of applying the provisions of this article, a defect in the purchased item means solely and exclusively a defect in the goods covered by the purchase and not in their packaging or wrapping, and the defect exists solely and exclusively when it is such as to materially impair the use of the purchased goods or result in a significant reduction in their price.

4.2.4 Customer obligations when exercising the right of withdrawal (Article 57 of the Consumer Code)

The customer must return or deliver the products without undue delay and in any event within 14 days from the day on which they communicated their intention to withdraw from the purchase contract. The customer shall bear only the shipping cost of the item for which they intend to exercise their right of withdrawal

The Products must be returned according to the following scheme:

a) properly packaged in their original packaging, not spoiled, damaged, or soiled, and accompanied by all any accessories, instructions for use, and documentation. In the event of loss of the

 

 

original packaging, the Customer shall, at their own expense and responsibility, replace it in order to return the purchased goods for which they intend to exercise their right of withdrawal;

b) accompanied by the transport document (included in the original packaging), so as to enable LADY SHOES SRL to identify the customer (Order number, first name, surname, and address);

c) without obvious signs of use, except those compatible with carrying out a normal inspection of the item (they must not show traces of prolonged use or use exceeding the time necessary for an inspection, and must not be in a condition that prevents their resale).

 

If the returned product does not comply with the requirements set out in the preceding paragraph, the withdrawal shall not be effective.

The costs of returning the goods shall be borne by LADY SHOES SRL when the return is due to a defect in the item sold, while they shall be borne by the Customer in all other cases. The customer is responsible for any decrease in the value of the goods resulting from handling them in a manner other than that necessary to establish the nature, characteristics, and operation of the products themselves.

4.2.5 Standard withdrawal form

Without prejudice to the customer's right to exercise the right of withdrawal by notifying LADY SHOES SRL, CORSO ATELLANO 51/53 81030 - SANT'ARPINO (CE), Italy, of any other explicit statement of their decision to withdraw from the contract, the customer may use the following standard text: «I/We (*) hereby notify you of my/our (*) withdrawal from my/our (*) contract concluded for the purchase of the following goods/services (*) - ordered on (*) / received on (*) - name of purchaser(s) - address of purchaser(s) – date»

(*) Delete the unnecessary wording

5. Return

5.1 Without prejudice to the provisions on the right of withdrawal set out above and provided for by the Consumer Code, LADY SHOES SRL allows the customer to return purchased products within 14 days in addition to the period provided for withdrawal, starting from receipt of the products. This option allows the customer, after the expiry of the 14-day withdrawal period, as already indicated in the notice referred to in points 4.2 and following, to terminate the contract by returning the ordered products within 28 days following the date on which the products were received.

5.2 The deadline indicated in point 5.1 above shall be deemed met if the customer ships the goods before the expiry of the indicated 28-day period. To return the goods, the customer must comply with the same requirements and procedures indicated in point 4.2.4 above. The customer loses the right to return the goods if the aforementioned return procedures have not been complied with or if the returned goods show any wear beyond the limits of normal inspection.

5.3 Upon returning the goods, the customer will be entitled to a refund of the price paid for the purchase of the returned goods. Delivery costs will remain the responsibility of the Customer and will be withheld directly by LADY SHOES SRL which will refund only the price of the purchased goods. The refund of the amounts identified above will be made using the same payment instrument used by the customer at the time of purchase. In any event, the customer will not incur any costs as a consequence of this refund. The refund will in any case be suspended until LADY SHOES SRL receives the products being returned.

6. Refunds

Invoices will be issued exclusively in electronic format.

6.1 Refunds are credited directly to the account or payment instrument used at the time of purchase. For payments made by bank transfer, the refund will be issued to the account used

for payment. For payments made via PayPal or credit card, the refund will be issued to the PayPal account or credit card.

7. Customer service

A customer service is available to provide information on how to make purchases through the website www.elisalanci.shop and for exercising the right of withdrawal and its specific procedures. This service can be reached at the telephone number +39 0812 185 191 93, which can be called Monday to Friday from 9:00 a.m. to 1:00 p.m. and from 3:00 p.m. to 6:00 p.m., or at the email address lady-shoes@virgilio.it

8. Guarantee for defects and non-conformity of products and additional information

8.1 Purchases made from LADY SHOES SRL are subject to the provisions of the Consumer Code concerning guarantees for defects and non-conformity of products. Customers shall therefore be granted the rights set out in Article 130 of the Consumer Code, and such rights must be exercised within the time limits specified in Article 132 of the same Consumer Code.

8.2 These General Terms and Conditions can be viewed on the website www.elisalanci.shop and can be saved using the relevant browser command (usually, File -> Save As). They can also be saved and archived in PDF format by clicking here. To open the PDF file, Adobe Reader or other similar software must be installed on your computer. Adobe Reader can be downloaded free of charge from www.adobe.it.

8.3 Order details may be stored and the General Terms and Conditions downloaded by using the relevant browser command to save the order summary displayed on the final screen of the purchase procedure, or by waiting to receive the automatic order confirmation message that LADY SHOES SRL sends by email after the order has been completed. This confirmation message includes the order details and the General Terms and Conditions of LADY SHOES SRL, and can easily be printed or saved using the functions provided by email programs.

9. Applicable law and jurisdiction

9.1 These General Terms and Conditions and the sales contracts shall be governed by and construed in accordance with Italian law. The parties agree that the Court of Naples North in Aversa shall have exclusive jurisdiction over any dispute that may arise in connection with the performance of the sales contract entered into under these General Terms and Conditions or the interpretation of the provisions of these General Terms and Conditions.

10. Partial invalidity

If one or more provisions of these General Terms and Conditions is deemed invalid or declared invalid under any law or regulation, or by virtue of a final judgment, all other provisions shall remain fully valid.