GENERAL TERMS AND CONDITIONS OF SALE. 1. Definitions

Transcription

1 GENERAL TERMS AND CONDITIONS OF SALE 1. Definitions The sale of "Church's" brand products through the website footwear.com (hereinafter "the Site") is governed by the following General Terms and Conditions of Sale (hereinafter the "Terms and Conditions"). The products offered on the Site are sold directly by Church & Co. Limited (hereinafter "CHURCH"). CHURCH is a company incorporated in England and Wales under registration number , with legal offices at St. James, Northampton, NN5 5JB, U.K.. To satisfy the needs and expectations of its customers, CHURCH has decided to create, in parallel with its exclusive directly- owned shops, an e- commerce website for the online sale of several of its products that offers a selection of several categories of "Church's" products. The list of "Church's" products sold via e- commerce can be found on the Site. The present General Terms and Conditions of Sale are available in Italian and English. 2. Introduction 2.1. The use of the online service described in the present Terms and Conditions is exclusively reserved to customers (hereinafter "Customer" or, "Customers"), namely individuals who act for purposes not related to their own commercial, entrepreneurial, artisanal, or professional activities and who are age eighteen or older (or, if minors, are authorized by their legal representative). Products from the Site can be purchased only if the products are to be shipped to United Kingdom and Northern Ireland The reselling, rental or disposal of products purchased from the Site for any commercial or professional purpose is expressly forbidden CHURCH may modify these Terms and Conditions at any moment. Therefore, the Customer is required to exclusively accept the Terms and Conditions applicable at the time of purchase CHURCH will send a copy of the Terms and Conditions by to the Customer, according to paragraph 3.8 of these Terms and Conditions. 3. Purchasing 3.1. Each product selected can be viewed through a special link that provides a photograph of the item, its unit price, colors and sizes (if applicable) Each sale made by CHURCH via the online sale service (the "Service") can concern one or more products, with a maximum limit of 9 pieces for each article. CHURCH reserves the right to modify at any time the limits to the quantity and/or type of product that may be purchased through the Service. Information concerning "Church's" products sold through the Service is supplied in compliance with the laws in force The Customer selects the items of her/his choice. The description of the products sold, including measurements or sizes (if applicable), together with one or more digital photographs, which allow for correct representation of the products available on the Site, will be included in the Customer's shopping cart Even though CHURCH constantly adopts measures to ensure that the photographs displayed on the Site are faithful reproductions of the original products, including the adoption of every possible technological solution to minimize inaccuracies, some variations are always possible due to the technical characteristics and color resolution of the Customer's computer. Consequently, CHURCH will 1

2 not be liable for any inadequacy of the graphic representations of "Church's" products shown on the Site owing to the above- mentioned technical issues. 3.5 The Customer must click on the Shopping Cart icon to view the items selected and the total price of the order. The Customer is requested to ensure that the contents of the Shopping Cart are correct before confirming the order, completing the purchase form according to the instructions provided on the corresponding page of the Site and confirming to have read and accepted these Terms and Conditions Should the Customer need to make changes (for example, to the indicated article or number of articles) or correct any error in the order, she/he must follow the instructions provided on the Site Upon confirmation, the order will be submitted directly to CHURCH. The purchase order will be stored in CHURCH's order archive system at its service provider Arturai Tecnologias de Informacao, Lda, with offices in Portugal. The Customer can track the status of her/his order as provided for in Article At the end of the purchase procedure, the Customer is advised to download, save or print the Terms and Conditions applicable at the moment that the order is completed. The Customer will also receive an e- mail, at the address indicated on the purchase form, containing confirmation of the conditions for said purchase as written confirmation of the ordered product and indication of the main characteristics of the same, the information about CHURCH indicated in Article 14 of these Terms and Conditions, the total price of the product, the terms of payment or any amount already paid by the Customer, the existence of the right to cancellation and related method to exercise this right, the geographical address for presenting any complaints and information on assistance services, the date within which the professional agrees to ship the ordered product, the existence of a legal guarantee for product conformity, the cost of using the Site if said cost is calculated differently from the basic rate CHURCH reserves the right to reject orders from any Customer with whom there is an ongoing legal dispute regarding a prior order in which case no order will be accepted by CHURCH and no contract will be concluded between CHURCH and the Customer. CHURCH also reserves the right to reject orders from any Customer considered unsuitable, including, for example, in the case of previous violations of the Terms and Conditions for online purchases on the Site or if the Customer intends to buy the products for purposes concerning her/his entrepreneurial or professional activities or those of other individuals, or if she/he is not actually or genuinely interested in purchasing the products ordered, or if she/he exercises in an illegal manner her/his right to cancellation as granted in the following paragraph 10 or for whatever other legitimate reason, especially if the Customer has been involved in any kind of fraudulent activity. In these cases, the purchase order sent by the Customer will be considered null and void. CHURCH will send an to the Customer stating CHURCH'S rejection of the order and refusal to conclude the contract, and it will annul any debit and/or expense charged to the Customer. CHURCH will inform the Customer of any impossibility to accept orders received within 30 days starting from the date of the actual receipt of the same, and it will reimburse any amounts paid in advance by the Customer through online payment. 4. Availability 4.1. The Customer acknowledges the fact that the stock of products offered by CHURCH through the Service is limited. It is possible to check the availability of any item sold through the Site at any time, both when the Customer creates her/his Shopping Cart and after completing her/his purchase order. The Customer is therefore aware that all the products described on the Site are subject to availability in that moment. 2

3 4.2. The purchase process must be fully completed; otherwise, the contents of the Shopping Cart will be deleted without a trace at the end of each shopping session Inconveniences may occasionally occur regarding the availability of certain products. In these circumstances, CHURCH will inform the Customer of this fact as soon as possible (and, in any case, within the terms of delivery as specified below) by e- mail or by telephone. The Customer will be given the option of ordering a different item of the same type as the unavailable product or cancelling her/his order. Should the Customer decide to cancel her/his order, no charge will be made to her/his credit card. If the credit card has already been charged, the Customer will be refunded promptly CHURCH reserves the right to change the items sold on the Site at any moment, without prior notice. 5. Completing an order 5.1. The order procedure is completed when the Customer selects the "Confirm" option. Upon confirmation, the order is submitted to CHURCH for processing and may not be changed or cancelled except in the cases expressly provided for in these Terms and Conditions or as required by the English law. The order placed by the Customer will be considered binding for CHURCH only if the entire purchase procedure has been regularly and correctly completed, without any evidence of error from the Site. The contract stipulated between CHURCH and the Customer will be considered completed when the Customer receives confirmation from CHURCH that the purchase order, sent in respect of the purchase process, has been successfully executed following verification of the availability of the product ordered and the debit of the total price charged to the Customer's credit card Confirmation of the order also constitutes proof of the Customer's acceptance of the provisions contained in these Terms and Conditions The data registered on the Site is proof of the details of the transactions between CHURCH and the Customer. In the event of a dispute between CHURCH and the Customer regarding a transaction conducted through the Site, the data registered by CHURCH will be considered proof of the transaction. 6. Price and Payment Method 6.1. The prices of all products sold on the Site are inclusive of VAT Said prices will be indicated in pounds sterling (GBP), in shipments to the United Kingdom and Northern Ireland The total amount shown during the purchase process includes shipping costs, as specified below and displayed in the Shopping Cart CHURCH reserves the right to change the prices of the products sold on its Site at any moment and without prior notice. The Customer will be charged the prices displayed on the Site when she/he confirms her/his order, provided that the products ordered are available at that time CHURCH only accepts payments by credit card. The following credit cards are accepted: Visa debit, Visa Electron, Verified by Visa & MasterCard Secure Code, MasterCard CoBranded Diners Card, UK Maestro/Solo & International Maestro and American Express. The transaction will be charged to the Customer's credit card only after: (i) credit card data has been verified; (ii) authorization to debit the amount has been received from the credit card company that issued the card to the Customer and (iii) CHURCH has confirmed availability of the product and, 3

4 therefore, after the order is ready for processing. No charge will therefore be made when the order is placed, save for the debit that may be necessary to ascertain the validity of the credit card. For the purpose of payment, the Customer confirms and guarantees that she/he is the holder of the credit card used for the purchase and that her/his name is indicated on said credit card. The Customer therefore gives the number, expiration date, and security code indicated on her/his credit card. If, for any reason whatsoever, it is impossible to debit the amounts to be paid by the Customer, the sales process is automatically annulled and the sale is automatically cancelled The shipment of the products purchased takes place only after CHURCH verifies with the bank the data of the credit card used by the Customer and receives authorization to debit the amount to said credit card If one or more products are unavailable, only the price and shipping costs for the products available will be debited. 7. Delivery limitations 7.1. Products sold on the Site may be purchased and delivered exclusively in the countries indicated above (Article 2.1). Any orders for shipments outside of these countries will be automatically rejected during the order process. The products will be dispatched to the address given when the order is placed. The Customer or her/his legal representative, if the Customer is a minor under the age of 18, will be required to sign for the package on delivery For security reasons, CHURCH cannot ship any order to a P.O. Box or accept any order where it is impossible to identify the individual who is the recipient of the order and her/his address. 8. Delivery 8.1. Shipping costs, which are included in the total cost shown in the shopping cart during the purchase process prior to confirmation by the Customer, are charged to the Customer at a flat rate of: GBP 5.00 for each order shipped to the United Kingdom or Northern Ireland. Shipping costs are shown together with the other costs regarding the purchase, if present, at the conclusion of the order process and prior to confirmation. CHURCH will request the explicit consensus of the Customer for any possible surcharge besides the total amount to be paid as per main contract obligations CHURCH will ship the ordered products, notwithstanding Acts of God or fortuitous events, within 30 days of conclusion of the contract or by a different date if agreed upon with the Customer, unless CHURCH informs the Customer within the same date of its rejection of the order or the impossibility of shipping the products ordered due to unavailability, even temporary, of the same. In this second instance, CHURCH will reimburse the amounts already paid by the Customer. If CHURCH does not ship the products ordered within the indicated date and, in any case, by a different agreed date, the Customer can ask CHURCH to make the delivery by another date appropriate for the circumstances, unless the Customer is for some reason exonerated from said obligation. The Customer has the right to immediately cancel the contract and demand compensation for damages if the ordered product is not delivered within the possible indicated supplementary deadline. To expedite shipment of ordered products, CHURCH reserves the right to break up an order into several shipments according to the availability of the items. In this case, CHURCH will inform the Customer by e- mail or telephone and her/his credit card will be charged separately only for the goods actually shipped. In any case, total shipping costs will be billed as one single delivery. 4

5 8.3. When the parcel with the ordered items leaves the CHURCH warehouse, the express courier contracted by CHURCH will send an e- mail to the address indicated by the Customer on the purchase form. This will contain a tracking code and a unique link that allows real time monitoring of the delivery. Our Customer Service will provide assistance for any possible problem concerning the delivery; the Customer may contact the CHURCH Customer Service department by e- mail at client.service@church- footwear.com. The Customer will assume liability for the loss or damage to ordered products for causes not attributable to CHURCH only in the moment in which the Customer, or a third party designated by her/him who is not the express courier, actually takes possession of these products. It is understood and agreed that this liability is transferred to the Customer already at the moment when the ordered products are handed over to the express courier if the courier is chosen by the Customer and this choice was not proposed by CHURCH, without prejudice to the Customer's rights in dealing with the courier If, on the contrary, product loss or damage is attributable to CHURCH, in compliance with the applicable law, CHURCH will replace the product free of charge after explicit request is made by the Customer to the e- mail address indicated above. 9. Conformity of orders 9.1. At the moment of delivery, the Customer is required to check the products to ensure that they correspond to the items ordered and show no production defects or other defects of non conformity In these instances, the Customer will have the right to the restoration, at no charge, of product conformity through repair or replacement, save for the case in which the requested repair is objectively impossible or too costly compared to replacement, without prejudice to any peremptory legal rights provided for in such matter by the English law for consumers, if applicable. It is understood and agreed that the Customer relinquishes said right if she/he does not report to CHURCH the defect of conformity within 2 (two) months from the date in which she/he discovered the defect. The action taken to assert a claim regarding defects that were not fraudulently hidden by CHURCH is prescribed, in any case, within 26 (twenty- six) months from delivery of the product. If the order is cancelled, no debit will be charged to the Customer's credit card. If the charge was already made to the credit card, the Customer will be promptly refunded The Customer's request for one of the solutions listed above must be communicated to CHURCH via at this address: client.service@church- footwear.com. The Customer's desire to take advantage of the guarantee herein to amend the defects of conformity of the purchased products can be exercised in the form described above only for defects regarding products purchased on the Site. 10. Returns and refunds Cancellation Cancellation of the order by the Customer must be made as follows: a) The Customer must exercise her/his right to cancellation within 14 (fourteen) work days from the date the products are delivered to the Customer or to a third party who is not the courier entrusted with the shipment and designated by the Customer (in the case of a partial order as provided by Article 8.2 in the present Terms and Conditions, the 14 (fourteen) day period begins on the day on which the Customer, or a third party who is not the courier entrusted with the shipment and designated by the Customer, acquires physical possession of the last product). b) To exercise her/his right to cancellation, the Customer can fill in and send the 'return card' included with the package containing the delivered products, or she/he can send another statement that clearly specifies her/his desire to cancel the purchase contract, indicating the number of articles returned. This 'return card', or statement mentioned above, appropriately filled in and signed by the 5

6 Customer must be sent to CHURCH by to the following address: CHURCH will promptly inform the Customer of having received the 'return card' or the above- mentioned statement. The 'return card' or statement must be inserted inside the return parcel used to ship the products. c) The products must be returned in their original condition and original packaging. d) The Customer must use the return address label enclosed for the Customer's convenience in the parcel sent by CHURCH to her/him The products must be shipped to the following address: Church & Co. Limited Returns Department St James Northampton NN5 5JB U.K The Customer agrees to return the products for which she/he exercises her/his right to cancellation without delay and, in any case, within 14 (fourteen) days from the date in which she/he informed CHURCH of her/his decision to cancel the contract Save for what is provided for in the following article 10.6, CHURCH will be responsible for the shipping cost to return the products CHURCH will verify whether the returned products are effectively in the same conditions in which they were shipped, inside the packaging with which the product was shipped by CHURCH to the Customer, because the substantial integrity of the returned products is an essential requisite for exercising the right to cancellation. The Customer will be liable solely for the diminished value of the products due to their manipulation in a way that differs from what is necessary to establish their nature, characteristics, and functioning. CHURCH therefore reserves the right to refuse the return of those products that are damaged, deteriorated, dirty, or are in such a state to unequivocally show that the products were used for purposes that differ from those indicated above. CHURCH also reserves the right to demand compensation for any damage caused by the deliberate or negligent behaviour of the Customer during return of the products. CHURCH will not be liable or to blame in the case of loss or theft of returned products, nor will it be liable or to blame in the case of returned products shipped to a wrong address or for a delay in the delivery of returned products and it is understood and agreed that the Customer assumes all shipping risks for returned products. The Customer is also responsible for preserving proof attesting the return of the products CHURCH will refund the price of returned products without due delay and, in any case, within 14 (fourteen) days from the date on which CHURCH was notified by the Customer exercising her/his right to cancellation. Said refund will be made by re- crediting the amount paid by the Customer via the same payment method used for the purchase, unless the Customer explicitly agrees to another method and so long as she/he must not sustain any cost as a consequence of the refund. CHURCH reserves the right to withhold payment of the refund until it receives the returned product or until the Customer proves that she/he has shipped the returned product, taking into account of which situation is verified first. CHURCH is not required to reimburse surcharges if the Customer explicitly chooses a shipping method different from the less expensive type of shipping offered by CHURCH. CHURCH will send an to the Customer confirming refund of the price Please note that it is permitted to return products and to request a refund of the corresponding price, according to the provisions of the procedure described above, only with regard to products purchased on the Site. 6

7 11. Limitation of liability In particular, save for cases of fraud or serious negligence, CHURCH will not be liable in any way for any indirect or consequential damages to the Customer deriving from the purchase of CHURCH products sold on the Site, in accordance with the peremptory English regulations applicable in such matter. 12. Product authenticity and intellectual property rights 12.1 CHURCH guarantees the authenticity and high quality of all products sold on the Site The "Church's" brand, including the several figurative and non- figurative trademarks and, more in general, all the other trademarks, illustrations, images and logos present on "Church's" products, on related accessories and/or packaging, which are or are not the object of registration, are and remain the exclusive property of Church & Co. (Footwear) Limited, with legal headquarters in St James, Northampton, NN5 5JB, UK. Total or partial reproduction, and the modification, tampering with, or use of said trademarks, illustrations, images, and logos, for any reason and on any support, without an explicit advance authorization of Church & Co. (Footwear) Limited are absolutely prohibited. 13. Disputes These Terms and Conditions will be governed by and construed in accordance with the English law In the event of a dispute deriving from the interpretation and/or application of these Terms and Conditions, the jurisdiction will be upon the courts of the place of domicile or residence of the Customer or, at the Customer's choice in the event of a lawsuit by the Customer, upon the courts of England and Wales CHURCH reserves the right, at any moment, to modify and/or amend the Terms and Conditions. These modifications and/or amendments will be effective only in relation to purchase orders submitted after the date of modification or amendments. Any elimination of these Terms and Conditions from the footwear.com Internet website automatically and irrevocably implies the inapplicability, ineffectiveness, and unenforceability by CHURCH of the same in relation to purchases made subsequently to their elimination from the Site, also in the case in which said Terms and Conditions can be consulted and/or are accessible by the public through other Internet websites different from the one indicated above. 14. Contacts For any claim, further information or assistance regarding the Site or the purchase procedure, and for any other request for information and/or explanations concerning these Terms and Conditions, Customers may send an e- mail to the address: client.service@church- footwear.com or they may contact Church & Co. Limited, St James, Northampton NN5 5JB, U.K. Last updated June 11, Church & Co. Limited, St James, Northampton NN5 5JB, U.K 7