General Terms and Conditions of Sale
These General Terms and Conditions of Sale regulate the offer and sale of products available on the website www.lamureshoes.com. The Customer is required, before submitting his purchase order, to carefully read these General Terms and Conditions of Sale. The transmission of the purchase order implies the full acknowledgement and acceptance of both the General Terms and Conditions of Sale and of what is indicated on the purchase order.
It is reiterated that “Lamûre” is a registered trademark.
1.1 These General Terms and Conditions of Sale refer to the online sale of women's shoes of the registered trademark “Lamûre” via the e-commerce service on the website www.lamureshoes.com.
Before any purchase, for each product on sale the respective photograph and the related prices (including any additional cost) are clearly displayed directly on the website.
1.2 The products sold on the website can only be purchased and delivered in the countries listed in the purchase order form and any orders for shipments to be made outside of these countries cannot be completed.
2.1 The products are sold directly by the company S PROJECT SRL with registered office in Comerio (VA), via Monte Rosa No 9 (ZIP Code 21025), registration number in the Varese Business Register VA - 374997 - VAT number 03733370120 (henceforth the Seller) which can be reached via the following contact details: mail - firstname.lastname@example.org, address - Via Monte Rosa No 9, Comerio (VA), Italy - ZIP code 21025.
2.2 These General Terms and Conditions of Sale govern the offer, transmission and acceptance of purchase orders for products available only on www.lamureshoes.com. Before submitting orders and purchasing products and services from parties other than the Seller who are present on www.lamureshoes.com through links, banners or other hypertext links, we suggest checking their Terms and Conditions of Sale, because the Seller is not liable for the supply of services by other third parties.
2.3 The products are sold to the Customer who is identified by the data inserted at the moment of compilation and transmittance on-line of the purchase order and of the contemporary subscription of these General Conditions of Sale.
2.4 The products offered on the www.lamureshoes.com website are aimed at adult customers. Minors can purchase on the website www.lamureshoes.com with the consent of one of the parents or of a legal guardian. By placing an order through this website, the Customer guarantees that he is over 18 years of age and possesses the legal capacity to enter into binding contracts.
2.5 It is strictly forbidden for the Customer to provide false and/or fabricated and/or fictitious names in the online order procedure and in any further communication. The Seller reserves the right to prosecute any violation or abuse and protect the interests of all consumers.
2.6 Further, by accepting these General Terms and Conditions of Sale, the Customer exonerates the Seller from any responsibility resulting from tax documents in error due to the data provided by the Customer when placing the online order. This is because the Customer is the sole bearer of liability when entering correct data.
3. Purchase through e-commerce service
3.1 The online sale contract is a remote contract concerning the sale of movable goods (hereinafter Products) stipulated between the Customer, and S PROJECT SRL, as Seller, as part of an online-commerce service organized by the Seller on its website www.lamureshoes.com which, for this purpose, uses the remote communication technology called the Internet.
3.2 To conclude the sale contract for one or more Products, the Customer must complete the purchase order form in electronic format (henceforth Order) and transmit it to the Seller through the Internet following the related instructions.
3.3 During the completion of the purchase procedure you will be shown: a reference to these General Terms and Conditions of Sale, information and images of each Product and the relative price, the means of payment that can be used, the methods of delivery of the Products purchased and the related costs of shipping and delivery, the methods and times for returning the purchased products;
3.4 Although S PROJECT SRL constantly adopts measures to ensure that the photographs shown on the website are faithful reproductions of the original products, it is possible that there are some variations due to the technical characteristics and colour resolution characteristics of the computer used by the Customer. Consequently, if such inadequacy is due to the aforementioned technical issues, then the Seller is not responsible for potential inadequacy in the representation of products shown on the website because such representations are merely illustrative.
3.5 Before concluding the contract, the Customer will be asked to acknowledge the General Terms and Conditions of Sale, which includes information on the right of withdrawal and personal data processing.
3.6 An order shall be deemed to have been submitted when the Vendor receives your Order form electronically and the order's information has been verified as correct.
3.7 The languages available to conclude the contract with the Seller are Italian and English and the applicable law is Italian.
3.8 Once the contract is concluded, the Seller will process your Order for its performance within a maximum of 3 - 5 days.
4. Processing of the Order.
4.1 By submitting the Order via the Internet, the Customer unconditionally accepts and undertakes to observe, in relations with the Seller, these General Terms and Conditions of Sale.
4.2 Once the contract is concluded, the Seller will send the Customer, by e-mail, an Order Confirmation, containing a summary of the information already contained in the Order described in paragraphs 3.3, 3.4 and 3.5.
4.3 Before submitting the Order Confirmation, the Seller can request further information about the issued Order via the e-mail or the telephone number that the Customer has provided.
4.4 The Seller may cancel orders that lack sufficient solvency guarantees, are incomplete or incorrect, or experience product unavailability. In such cases, the Seller will inform the Customer by e-mail that the contract is incomplete, and that the Seller has not performed the Customer's Order based on specified reasons. In this case, the sum previously committed to the Customer's means of payment will be decommitted.
4.5 If the products presented on the Site are no longer available or on sale after the Order has been sent, then the Seller will inform the Customer promptly, in any event within fifteen (15) working days after the order has been transmitted by the Customer to the Seller, the possible unavailability of the ordered Products. In this case, the sum previously committed to the Customer's means of payment will be decommitted.
4.6 The Seller undertakes to deliver the products ordered to the Customer in the shortest possible time, in accordance with shipping delays and in any case not later than 30 days from the date of entering into the contract.
4.7 Each sale made by the Seller through the online sales service may concern one or more products. All orders placed on the website must comply with normal consumption needs.
4.8 S PROJECT SRL reserves the right to refuse orders from a customer with whom there is an ongoing dispute and / or a dispute relating to a previous order. This equally applies to all cases where the Seller considers the Customer unfit, including, without limitation, the case of previous violations of the terms and conditions of an online purchase contract or for any other legitimate reason, especially if the Customer has been involved in any kind of fraudulent activity.
5. Sales prices
5.1 Unless otherwise indicated in writing, all the prices of the Products and the shipping and delivery costs indicated on the website and in the Order are to be considered VAT included (22%) and expressed in Euros. If the customer is from outside the EU, there may be a change in VAT which he can verify when he registers on the website to proceed with the purchase.
The validity of prices indicated is always and only that indicated by the Website at the time of placing the Order over the Internet. Product prices and shipping and handling charges are subject to change without notice.
5.2 All Products are shipped directly from Italy. Products prices and shipping and delivery freights displayed on the Website and in the Order, unless otherwise specified, shall not include any costs related to customs duties and taxes, not previously calculated, if shipment is made to non-EU countries or to countries where the legislation provides for import freights. These costs are therefore charged to the Customer and must be paid directly upon delivery of the Products.
6. Methods of payment
For the payment of the price of the Products and the related shipping and delivery costs, the Customer may follow one of the methods indicated in the order form on the website www.lamureshoes.com and which are summarized below.
6.1. Credit cards.
For online orders on our site we accept credit card payments without any additional charge on the product price and shipping freights. It is understood that the Customer must hold a valid credit card when ordering Products purchased online, and that the name on the credit card must be the same as indicated in the billing information. It will be impossible to proceed with the order in the absence of such prerequisites.
At the moment of online purchase, when the Order Confirmation occurs, the banking institution shall authorize to withhold from the available threshold of the Customer’s credit card only of the amount referred to the Order. The amount will actually be charged to the credit card only when the purchased products are shipped.
If, once the package has been received with the order, for any reason, the Customer intends to exercise the right of withdrawal, following the payment of the Products purchased online, the Seller will instruct the bank to credit the amount to be refunded directly on the credit card, or on the other card used at the time of purchase.
• If the Customer has a PayPal account, the www.lamureshoes.com site gives the possibility to make payments using directly the e-mail and relative password with which the customer is registered on www.paypal.com.
At no time during the purchase procedure, S PROJECT SRL is able, through the website www.lamureshoes.com, to know the information relating to the payment methods used (for example, the credit card number or the expiry date), transmitted via a connection protected by an encrypted protocol directly to the website of the person managing the electronic payment (banking institution or PayPal).
None of the information storage systems of the Seller will retain such information.
In no case can the Seller therefore be held liable for any fraudulent and undue use of credit cards by third parties, as everything is managed by third parties and authorized by the Seller.
7. Product Shipping and Delivery
7.1 Each shipment contains:
•the product/s ordered;
•the relative transport document / accompanying invoice;
•any accompanying documentation required on the basis of the Shipping Country;
•possible information and marketing material;
7.2 The delivery of the Products purchased through the Seller's website will take place via the FEDEX / TNT carrier or through the Cronopost service and will take place according to the times indicated for each shipping method.
7.3.1. The products purchased will be delivered by the express carrier identified by the Seller to the shipping address indicated by the Customer in the Order.
7.3.2 Upon delivery by the carrier of the goods to his home, the status of the packages must be immediately checked by the Customer and, in case of anomalies, the Customer must ask the transporter detect and take exactly note of it and then reject the delivery. Otherwise the Customer will lose the possibility to assert his/her rights in this regard.
8 Right of withdrawal and return
8.1 Only if the Customer who enters into the contract is a Consumer, will he have the right to withdraw from the contract concluded with the Seller, without any penalty and without specifying the reason, communicating it to the Seller within the term of fourteen (14) days, starting from the day in which the Customer or a third party, designated by the Customer and different from the Carrier, acquires physical possession of the goods. The deadline shall be deemed reached if the Customer returns the goods prior to the expiry of the 14 day period.
8.2 To exercise the right of withdrawal, the Customer must follow the following indications:
• Upon receipt of the package, there will also be a return form inside. It must be completed and sent by email to email@example.com no later than 14 days from the receipt of the package;
• The product to be returned must be shipped, always within 14 days from receipt of the package, to the Seller's address via a shipment that can be tracked. Otherwise the Seller will not be sure of the return shipment and will not be able to refund it;
• It must necessarily be mentioned that it is a return and the Seller will not be liable for any further return costs for any omissions by the Customer (e.g. additional customs duties).
• The Seller will not even be responsible for lost or damaged products during transport for the return.
8.3 The right of withdrawal is subject to the following conditions:
S PROJECT SRL will accept the goods in their original conditions for refund / exchange if accompanied by the paper invoice. The goods must be carefully packed and must also include the original shoebox, the bag and all its accessories, and must be returned within 14 days from the delivery date (i.e. the return shipment must be stamped within 14 days of receipt of the order). Shipping freights aren’t refundable.
All shoes must be tried on clean and smooth surfaces, or on carpets until you are sure to keep them, this is to prevent the soles from scratching. Returns on shoes that appear used or damaged will not be accepted.
The sole must be in perfect condition. If the shoes are returned with damaged soles, the Seller may refuse the return or withhold an amount for the purpose of restoring them.
Once the product has been received, the Seller will inspect it. If the condition of the product is acceptable, re-credit will be requested to the customer's account through the form of payment with which the purchase was made within 10 working days from the receipt of the goods.
However, it may take another 2-10 business days, depending on your credit institution, to be credited back.
Every effort will be made to ensure a quick refund and an email notification will be sent once the return has been processed.
8.4 In the event of exercising the right of withdrawal without respecting the procedure in the above (e.g. after the 14 days period established by law...), the Customer will not be entitled to a refund of the amounts already paid to the Seller. Within 10 days of sending the email with which the Customer will be notified of the non-acceptance of the return, by replying to the email the Customer can choose to get back, at the customer's expense, the products in the state in which they were returned to the Seller. Otherwise, the Seller is entitled to keep the products in addition to the sums already paid for their purchase.
9. Warranty for non-compliant products
9.1 The seller is liable for any defect of the products offered on the website, including the non-conformity of the items with the products ordered, under the provisions of Italian law.
9.2 The warranty period is 2 years from the moment of delivery of the goods. If the Customer has entered into the contract as a Consumer (meaning by this definition any natural person who acts on the site for purposes unrelated to any business or professional activity carried out), this guarantee is valid provided that the following conditions are respected indicated: the defect occurs within 24 months from the date of delivery of the products, the Customer submits a formal complaint regarding the defects within a maximum of 2 months from the date on which the defect was recognized by the latter. Unless in contrast to prevailing mandatory rules of the country of habitual residence of the Customer, the Customer shall follow correctly the return procedure.
For any information request, S PROJECT SRL is available and can be contacted at the following email firstname.lastname@example.org or at the following address: via Monte Rosa n. 9, 21025 COMERIO (VA) Italy.
11. Customer Communication
The Customer acknowledges and accepts that all communication, notifications, certifications, information, reports, and any documentation on the operations performed, referring to the purchase of Products, will be sent to the e-mail address provided at the time of registration with the possibility of downloading information to a permanent medium in a way and within the limits stipulated by the website.
13. Applicable Law, Dispute Settlement, and Jurisdiction
13.1 These General Terms and Conditions of Sale are governed by Italian law and will be interpreted according to it, without prejudice to any other mandatory rule of the country of habitual residence of the Customer. Therefore the interpretation, execution and termination of General Terms and Conditions are governed exclusively by Italian law (without prejudice to any other mandatory rule of the country of habitual residence of the Customer) and any disputes relating to and/or arising from same shall be resolved exclusively by the Italian judicial authorities, as better specified hereafter. In particular, if the Customer holds the status of Consumer, any disputes must be resolved by the court of the place of residence or residence of the same according to the applicable law or, at the choice of the consumer in case of action taken by the consumer himself, by the Court of Varese. If the Customer is acting in the exercise of their business, commercial, craft or professional activity, the parties by mutual agreement establish the exclusive competence of the Court of Varese.
In any case, it is possible to optionally resort to the procedures of mediation pursuant to Legislative Decree 28/2010, for the resolution of any disputes arising in the interpretation and execution of these conditions of sale by accessing the following website: https://webgate.ec.europa.eu/odr.
14. Amendments and updates
The Seller may change or update these General Terms and Conditions of Sale at any time. Therefore, the Customer will only be requested to accept the General Terms and Conditions of Sale in force at the time of purchase. New General Terms and Conditions of Sale will be effective as of the posting date on the website and in connection with purchase orders submitted after that date.
Last update 01/27/2020