Terms and Conditions of sale of products ordered by telephone

 

These Terms and Conditions of sale do not apply to products purchased on our e-commerce website, and should not be confused with such Terms and Conditions, which can be found here (for USA here and here)

 

PREAMBLE

Always keen to respond to its Customers' demands – in particular at this time when, due to government regulations aimed at limiting the spread of Coronavirus, many of our stores are closed or some of our Customers are unable to reach them – the company Santoni S.p.A. (hereinafter simply referred to as “Santoni” for the sake of brevity) has decided to provide its Customers with a remote telephone sales service (hereinafter simply referred to as the “Service”), in accordance with the terms and conditions set out below (hereinafter also referred to as the “Terms and Conditions”).

The Service has been developed in full compliance with Italian legislation on distance selling, in particular with Articles 45 et seq. of Legislative Decree no. 206/2005 (the Italian Consumer Code), and presupposes a proactive approach by the Customer contacting Santoni of their own accord to place their requests. Santoni does not call Customers spontaneously to offer distance sales of products, except in response to a request previously received from the Customer.

 

1. AREA COVERED BY THE SERVICE

1.1. These Terms and Conditions of Sale apply exclusively to all sales of Santoni products sold remotely by phone using the contact details of our Stores in Italy (hereinafter referred to as “Stores”), as set out below and relating exclusively to Santoni products available in such Stores at the time the Order is placed (hereinafter referred to as “Product/Products” and “Order/Orders”). Our Stores that provide this Service are shown below, with the relevant telephone numbers and email addresses:

 

Milan Boutique

Via Monte Napoleone n. 6

20121 Milan (MI)

Tel: +39 02 76280508

Whatsapp: + 39 3783024598

Email: milanostore@santonishoesit.com

 

Serravalle Outlet

Via della Moda n. 1 - Serravalle Designer Outlet, Shop 119

15069 Serravalle Scrivia, Alessandria (AL)

Tel: +39 0143 340447

Whatsapp: +39 3783024136

Email: serravallestore@santonishoesit.com

 

Corridonia Outlet

Via delle Arti n. 79 , Zona Industriale,

62014 Corridonia, Macerata (MC)

Tel:+ 39 0733 281904

Whatsapp: + 39 3783023669 

Email: outletstoresantoni@santonishoesit.com

 

1.2. The Customer must carefully review these Terms and Conditions of sale before completing the procedure for the distance purchasing of Santoni Products; therefore, it is understood that placing an Order through our Stores implies full knowledge and acceptance of these Terms and Conditions by the Customer.  Thus, the Customer undertakes to comply with these Terms and Conditions of sale and also acknowledges that Santoni shall not be bound by any conditions other than these, unless previously agreed in writing.

1.3. These Terms and Conditions of sale can be printed and saved by any user of the santonishoes.com website and are to be considered applicable and effective as long as they are accessible on the aforementioned website. Any removal of these Terms and Conditions of sale from the santonishoes.com website implies the automatic and irrevocable inapplicability, ineffectiveness and unenforceability of the same on Santoni, in relation to purchases made after their removal from the website, and even if these Terms and Conditions are still visible and/or accessible to the public through other websites other than that specified above.

 

2. SELLER IDENTIFICATION

For the purposes of these Terms and Conditions of sale, the seller is Santoni S.p.A., with its registered office at Via Monte Napoleone n. 9, Milan and an administrative/operational office at Via E. Mattei n. 59, Corridonia (MC), with VAT number and Milan Register of Companies no. 01806460430 - REA MI-2001134.

 

3. PRODUCT INFORMATION

Information about Santoni Products sold at a distance through our Stores is available from the aforementioned Stores. The above information is provided in compliance with current legislation and in particular with Articles 49 and 51 of the Italian Consumer Code.

 

4. HOW TO PLACE ORDERS

4.1. To place an Order, Customers may contact our Stores using the contact details provided above by phone call or WhatsApp message, during the Stores' opening hours, which will be advised on request. Once the purchase has been agreed upon with the Sales Assistant of the Store that has been contacted, the Customer shall send a clear request to this effect, with a summary of the Order placed and their email and shipping details, after having carefully reviewed and then accepted these Terms and Conditions of sale, as well as the features of the Product and/or Products that they intend to purchase.

4.2. Regardless of the method chosen to place the Order, the Customer must provide Santoni with a valid email address, to which any communications and documents related to the Order will be sent. If the Customer would like a tax invoice to be issued for their purchase, they must expressly request this when placing the Order.

4.3. Successful receipt of the Order is confirmed to the Customer by Santoni by way of an email and/or WhatsApp reply summarising all the relevant Order information and details, in accordance with article 51, paragraph 7, of the Italian Consumer Code.

 

5. PRODUCT PRICES

5.1. The price of each Product is given, subsequent to the Customer's request, during the call or on receipt of the WhatsApp message from the Customer and in any event is also stated in the aforementioned Order confirmation.

5.2. Prices are deemed to be inclusive of all taxes and duties, with shipping costs being borne exclusively by the Customer, as set out below:

 

SHIPPING COSTS AND THRESHOLDS FOR THE MILAN BOUTIQUE

ITALY:

  • €15 shipping cost
  • free shipping over €300

EUROPE:

  • €15 shipping cost
  • free shipping over €350

UNITED KINGDOM:

  • £25 shipping cost
  • free shipping over £350

SWITZERLAND:

  • CHF15 shipping cost
  • free shipping over CHF450

USA:

  • $15 shipping cost
  • free shipping over $500

JAPAN:

  • ¥3,300 shipping cost
  • free shipping over ¥66,000

CHINA:

  • CN¥200 shipping cost
  • free shipping over CN¥3,000

REST OF WORLD (ROW) except for Russia and Ukraine where no shipments are made:

  • $30 shipping cost
  • free shipping over $650

 

SHIPPING COSTS AND THRESHOLDS FOR SERRAVALLE OUTLET AND CORRIDONIA OUTLET

ITALY:

  • €15 shipping cost
  • free shipping over €200

EUROPE:

  • €15 shipping cost
  • free shipping over €350

UNITED KINGDOM:

  • £25 shipping cost
  • free shipping over £350

SWITZERLAND:

  • CHF15 shipping cost
  • free shipping over CHF450

USA:

  • $15 shipping cost
  • free shipping over $500

JAPAN:

  • ¥3,300shipping cost
  • free shipping over ¥66,000

CHINA:

  • CN¥200 shipping cost
  • free shipping over CN¥3,000

REST OF WORLD (ROW): except for Russia and Ukraine where no shipments are made:

  • $30 shipping cost
  • free shipping over $650

 

6. PAYMENT METHODS

Customer payment can be made through Clicpay, which is an innovative payment solution from Axepta S.p.A. of the BNP PARIBAS Group, for making electronic payments safely, quickly and easily by generating a link which is sent to the Customer via WhatsApp and/or email.  To make the payment, Customers must click on the link received and follow the instructions to enter their preferred payment method, just as they usually do for online purchases. Further information can be found on the relevant web page, which can be found at https://www.axepta.it/soluzioni-di-pagamento/pagamenti-con-clicpay/

 

5. TERMS AND CONDITIONS OF DELIVERY

7.1. Products are delivered to the address provided by the Customer, within 2-3 working days in Italy and 6-7 working days in European and non-European countries, once Santoni has received payment for the Order.

7.2. We do not ship to Russia and Ukraine. Furthermore Santoni reserves the right to accept or refuse deliveries requested outside of Italy and/or Europe.  In any event, deliveries to be made outside of Italy may be subject to variations in shipping costs and delivery times compared to those specified.

7.3. With regard to deliveries requested to non-European countries, any customs import charges shall be borne by the recipient. The Customer is therefore advised to contact the customs authority in their country in advance to check the costs and any possible import restrictions.

7.4. The shipping times indicated by Santoni are provided as a guide only: if the shipment arrives after these times or if the order is delivered in several shipments, this does not give the Customer the right to refuse the delivery or to request a reimbursement and/or compensation.

7.5. When the Products are delivered, the Customer is required to check:

  • that the number of packages corresponds to the number indicated in the transport document;
  • that the packaging is intact and is not damaged, wet or altered in any way, including the fastening (adhesive tape or metal).

If the Customer discovers that the packaging and/or the Product is damaged or the number of packages does not correspond to the transport document, they must indicate this immediately on the Product transport document and return this document to the courier.

7.6. If there are problems with the physical integrity of the Products, if the Products do not match those ordered or if there are any missing Products, such issues must be raised within 8 (eight) days from the date of receipt in line with the complaints procedure specified in this document.

 

8. RIGHT OF WITHDRAWAL

8.1. Pursuant to Article 52 of the Italian Consumer Code, the Customer may withdraw from these Terms and Conditions of sale and therefore from the purchase contract for any reason, with no need to provide an explanation and without any penalty, within 14 (fourteen) working days (30 (thirty) days for the US) from the date of receipt of the Products.

8.2. In order to exercise the right of withdrawal, the Customer must send Santoni a notice to this effect, within the above time limits, by sending an email to the address of the Store where the purchase was made;  after which Santoni will send a return confirmation to the Customer, also by email.

8.3. In the event of withdrawal, the Customer must return the Products to Santoni at their own expense within 14 (fourteen) days of sending the withdrawal notice.

8.4. The Products must not be returned until the return confirmation has been received and they must only be sent to the address of the Store where the purchase was made.

8.5. The goods must be returned intact with all their parts and in their original packaging (bags and boxes), preserved and used only for the time strictly necessary to reasonably establish and verify their condition, characteristics and size, with no signs of wear or dirt, in compliance with the following conditions:

  • the Customer may only exercise their right of withdrawal in relation to Products purchased in their own interests; the Customer may not exercise their right of withdrawal in relation to a part of the Product purchased (e.g.  accessories, etc.);
  • the purchased Product must be intact and returned in its original packaging in its entirety with all its parts (including packaging and any documentation and accessories: labels, tags, seals, etc.);
  • all shipping costs (and customs fees, if any) incurred in returning the goods will be borne exclusively by the Customer;
  • until the goods have been received at the Store, the shipment shall remain the full responsibility of the Customer;
  • Santoni shall not be held responsible under any circumstances for any damage, theft or loss that occurs during or as a result of the return shipping.

 

8.6. Santoni shall reimburse the Customer for the full amount paid within 14 (fourteen) days of receipt of the notice of the withdrawal by way of a transfer of the debited amount, using the same payment method used by the Customer for the initial transaction. In any case, the Customer shall not incur any costs as a result of such reimbursement. Pursuant to Article 56, paragraph 3, of the Italian Consumer Code, Santoni may withhold reimbursement until the returned Product is received, or until the Customer can prove that they have returned the Product in the correct manner, whichever occurs first.

8.7. In any case, the Customer will forfeit the right of withdrawal in cases where Santoni ascertains that:

  • the returned Product and/or its accessories and/or its packaging are not intact;
  • the Product is missing its external packaging and/or the original internal packaging;
  • the Product is missing any integral elements and/or accessories (for example fasteners, laces, buckles, etc.).

8.8. In case of forfeiture of the right of withdrawal, Santoni will return the Product to the Customer, charging the shipping costs and, if already reimbursed, the price of the Product itself.

 

9. PRODUCT GUARANTEE

9.1. All Products sold by Santoni are covered by a 24 (twenty four) month guarantee against inherent defects. To benefit from the guarantee, Customers must retain their invoice or payment receipt, together with the shipping document, and report any such defect promptly, or in any case no later than 2 (two) months from its discovery, by sending an email to Santoni at storeservice@santonishoesit.com

9.2.The guarantee against inherent defects shall apply provided that the Product in question has been used correctly, in accordance with its intended use and in compliance with the instructions for use and care instructions supplied in and/or with the Product.

9.3. Should the inherent defect become apparent within 6 (six) months from delivery, it is presumed that this defect was already present at the time of purchase.

9.4. If, on the other hand, the inherent defect becomes apparent more than 6 (six) months but within two years from delivery, the Customer must prove that the damage is related to a defect that existed at the time of delivery.

9.5. In the event that, for any reason, Santoni is unable to provide the Customer with a Product under guarantee (repaired or replaced), or if the repair or replacement is, in view of the value of the Product, excessively expensive, Santoni may adjust the price paid accordingly, or refund the full amount paid and terminate the contract.

9.6. Where the guarantee requires the Product to be returned, it must be returned by the Customer in its original packaging, complete in all its parts (including packaging and any documentation and accessories).

9.7. It is not possible to request the replacement or refund of a personalised Product, unless the goods are defective or do not correspond to the Order placed.

 

10. COMPLAINTS AND/OR REQUESTS FOR INFORMATION

10.1. Customers may submit any complaints and/or requests for information on how to use this Service, by sending an email to the following address storeservice@santonishoesit.com

10.2. Any requests for information may also be submitted by sending a message to the WhatsApp numbers of the individual Stores listed above.  

 

11. FORCE MAJEURE OR UNFORESEEABLE CIRCUMSTANCES

11.1. Santoni may suspend the provision of services in the event of unforeseeable circumstances or force majeure which prevent or delay fulfilment of such services.

11.2. By way of example and by no means exhaustively, the following are considered unforeseeable circumstances or force majeure: war, insurrection, strike, pandemic, and/or Santoni's supply problems attributable to third party suppliers, or failure by the Customer to provide the correct shipping address.

11.3. Santoni shall notify the Customer of the occurrence of any unforeseeable circumstances or force majeure within 7 (seven) days from the occurrence of the same.  Should the suspension of the service last for a period longer than 15 (fifteen) days, the Customer will have the option of cancelling the Order placed and being refunded the sums already paid, in accordance with these Terms and Conditions of sale.

 

12. PRIVACY

Santoni will process any personal data collected through this Service, in full compliance with national and European privacy laws and for the sole purpose of satisfying the Customer's express requests, and only for the time strictly necessary to do so.  We encourage Customers to consult the complete privacy policy, applicable exclusively to this Service, available at this link.

 

13. APPLICABLE LAW AND COMPETENT COURT

13.1. The law applicable to contracts of sale covered by these Terms and Conditions of sale is the law of Italy, with the exception of conflict of law rules and in any event choice of law rules. Furthermore, the 1980 Vienna Sales Convention is not applicable.

13.2. For contracts of sale entered into under these Terms and Conditions of sale, the jurisdiction set out in Article 66-bis of the Italian Consumer Code shall apply and the right to seek out of court settlement of disputes shall apply.

 

28/05/2021