TERMS AND CONDITIONS OF SALE ON THE WEBSITE
Welcome to the website santonishoes.com (hereinafter also referred to as the "Website"), the official website of Santoni S.p.A. (hereinafter also referred to as "Santoni") for the online sale of Santoni products (hereinafter also referred to as the "Products").
The sale of Santoni Products on this Website is managed in the name and on behalf of Santoni S.p.A. by the company FiloBlu S.p.A., with head office in Santa Maria di Sala (Venice), in Via Caltana n. 116/C, registered at the C.C.I.A.A. (Chamber of Commerce) of Venezia Rovigo Delta Lagunare under no. REA 354686 of the Register of Companies, tax code/VAT number 04274870288, acting as commission agent and service provider, taking care of the procedure for collecting orders, collecting payments and the entire process of selling the Products, logistics, delivery of the Products to the end customer (hereinafter also the "Customer"), as well as the after-sales service.
1) Subject matter and scope
1.These conditions (hereinafter also referred to as the “Santoni Website Terms and Conditions of Sale”) concern the online sale of Santoni Products and are applicable to all distance sales of Santoni Products exclusively made on this Website, including any telephone assistance provided by Customer Service.
2.These Santoni Website Terms and Conditions of Sale do not apply, therefore, either to sales made in Santoni shops, or to sales of Santoni Products made in stores owned by Santoni retailers or third parties, or indeed to sales of Santoni Products made remotely via the telephone numbers of the Santoni Stores participating in the service; furthermore, they do not concern and do not apply to the provision of services or the sale of products by parties other than Santoni, even in cases where they are presented on this Website through links, banners or other hypertext links. Therefore, under no circumstances can Santoni be held responsible for the provision of services and/or the purchase of products from third parties.
3.These Santoni Website Terms and Conditions of Sale are drawn up in compliance with national laws in force and applicable European legislation on consumer rights.
4.The use of the distance selling service, which is the subject of these Terms and Conditions of Sale and described herein, is reserved exclusively for persons who qualify as consumers under current and applicable legislation, meaning any natural person who purchases Santoni Products on the Website for purposes other than commercial, craft, business and/or professional activities (hereinafter also referred to as "Consumers"); it is therefore strictly forbidden to resell, hire and/or otherwise transfer for commercial and/or professional reasons the Santoni Products purchased on this Website.
2) Acceptance of the Santoni Website Terms and Conditions of Sale and conclusion of the contract
1.These Santoni Website Terms and Conditions of Sale are published on this Website for the Customer's knowledge, storage and reproduction, as provided for by current and applicable legislation. It is therefore understood that, by placing an order on this Website (hereinafter also referred to as the "Order"), the Customer declares that he/she has read all the information provided to him/her during the purchase process and fully and unreservedly acknowledges and accepts these Santoni Website Terms and Conditions of Sale.
2.Santoni may update, supplement and/or amend these Santoni Website Terms and Conditions of Sale at any time. Therefore, the Customer is requested to carefully read the Santoni Website Terms and Conditions of Sale in force, before proceeding with the Order and making the purchase.
3.The electronic format of the Order, completed and sent by the Customer electronically, shall be considered as an irrevocable contractual proposal for purchase. Santoni's receipt of the Order does not constitute acceptance of the purchase proposal, but only serves to confirm that the Order has been received and that it has undergone the process to check data and the availability of the products requested. The contract of sale of the ordered products (hereinafter also referred to as the "Contract") is concluded only when the Customer receives the e-mail confirming dispatch. Santoni, in fact, reserves the right to refuse orders from Customers with whom a dispute is underway regarding the payment of a previous Order, Customers who do not provide sufficient guarantees of solvency, or orders which are incomplete or incorrect, or if the Products are not available, notifying the Customer by e-mail.
4.The Products remain the property of Santoni until the Customer has paid the total amount due. In the event that the amount due is not paid or successful payment is not confirmed, the Order will be cancelled and, if the shipment confirmation e-mail has already been sent, the Contract will be considered terminated pursuant to and for the purposes of Article 1456 of the Italian Civil Code. The Customer will be notified by e-mail of the cancellation of the Order or the termination of the Contract, resulting in the cancellation of the Order.
3) Purchasing procedure
1.The Products offered for sale online by Santoni are only those published on this Website at the time the Order is placed, as described in the relevant information sheets. It remains in any case understood that the images accompanying the information sheet of a product are for information purposes only and may not be perfectly representative of its characteristics, but may differ for example in colour and/or size (also due to the browser and monitor used to access the Website and the display mode or resolution of the images). Consequently, any confirmation of the status of a product is subject to the limitation of any inaccurate representation on the Customer's device; Santoni does not guarantee the identity and graphic representation of the Products shown on the Website for the above reasons.
2.The purchase of Products on this Website may be made directly by persons who are of legal age and not incapacitated.
3.In order to place an Order, the Customer must fill out each part of the relevant form on the Website, providing the requested data and information in a correct and valid manner, and send the Order after having carefully read and accepted these Santoni Website Terms and Conditions of Sale, as well as the characteristics and final price of the product(s) he/she intends to purchase. Therefore, the Customer is solely responsible for the selection of the products ordered and the data and information provided to complete the Order.
4.Correct receipt of the Order will be confirmed by an e-mail reply sent to the e-mail address provided by the Customer. This confirmation message will summarise the terms and conditions of purchase, as provided for by current and applicable legislation, as well as the data entered in the Order by the Customer, so that he/she can check them and, if necessary, promptly communicate necessary corrections of incorrect data.
4) Prices and Terms of Payment
1.Prices are in euros/local currencies, as indicated on this Website or on the Order page and are inclusive of taxes and VAT, unless otherwise stated on this Website or on the Order page. Any shipping costs or payment costs and any additional expenses are in any case communicated in advance to the Customer through this Website or these Santoni Website Terms and Conditions of Sale or on the Order page and the final price of the product and/or products selected is displayed by the Customer before concluding the purchase.
2.The Customer is solely responsible for the data entered to make the payment, and therefore guarantees to use only credit cards or other payment instruments that are legitimately available to him/her.
3.For payment of the price of the Products, the Customer may follow one of the methods indicated in the "Orders and Payments" section of this Website and/or on the Order page. The information contained in this section forms an integral and substantial part of these Santoni Website Terms and Conditions of Sale and, therefore, is deemed to be fully known and accepted at the time the Customer sends the Order.
4.In the event of payment by credit card, the payment procedure will take place via a secure connection directly connected to the bank that owns and operates the online payment service, which Santoni cannot access. In particular, financial information (e.g. credit/debit card number or expiry date) will be forwarded, via encrypted protocol, to the banks tasked with providing the relevant remote electronic payment services, without unauthorised third parties having any access whatsoever. Such data will not be stored in any information archive and therefore under no circumstances can Santoni be held responsible for any fraudulent or illegal use of credit cards by third parties at the time of payment.
5.If the Customer chooses the payment methods PayPal, ALIPAY, ApplePay, GooglePay, SOFORT Banking or Klarna, where applicable, the Customer will be directed to the site of the relevant provider, where he/she will make payment for the Products according to the procedure provided for and regulated by the same, and according to the terms and conditions of the contract agreed between the Customer and the provider. The data entered on the provider's website will be processed directly by the latter and will not be transmitted or shared with Santoni, which is therefore not in a position to know and/or store in any way the data of the credit card linked to the relevant accounts of the Customer, or the data of any other payment instrument connected to such accounts. The total amount due will be debited directly by these providers and in the event of termination of the Purchase Contract or in any other case of reimbursement, for whatever reason, the amount of the reimbursement in favour of the Customer will be credited to the relevant accounts used. The times for crediting the payment instrument linked to these accounts depends exclusively on the relevant service providers, so once the crediting order has been placed in favour of these accounts, Santoni cannot be held responsible for any delays or omissions in crediting the amount of the refund, for which the Customer must contact the provider used directly.
5) Shipping and delivery
1.The Products purchased on this Website will be delivered to the shipping address indicated by the Customer in the Order, approximately within 1-2 (one-two) working days in Italy and within 2-3 (two-three) working days in European and non-European countries, from the date of shipping confirmation of the Order by Santoni, at the cost indicated in the “Shipping” section of this Website and on the order summary page that is shown before proceeding with the Order.
2.Santoni reserves the right to accept or refuse deliveries requested outside of Italy and/or Europe. In any case, for deliveries to be made outside Italy, the shipping costs and delivery times may vary from the times indicated, which are therefore considered estimated and not essential.
3.With regard to deliveries requested to countries outside the European Union or in any case to countries where customs duties or any other taxes and/or import charges apply, these shall be borne exclusively by the Customer recipient. The Customer is therefore invited to contact the customs authorities of the country of destination of the purchased product in advance, in order to verify the costs and any import limits.
4.The shipping times communicated 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 of any type, unless otherwise provided for by law. In particular, the above-mentioned times do not apply to customised and/or made-to-measure products purchased on this Website, for which Santoni will inform the Customer by email of the delivery date when the products will be made and become available.
5.The purchased Products will be delivered to the shipping address indicated by the Customer in the Order. If the shipping address is located in a building with a reception and/or concierge, delivery shall be deemed to have taken place when the aforementioned reception and/or concierge has received the package from the courier. As such, ownership of the Products shall pass to the Customer upon delivery thereof to the reception and/or concierge. The shipping address indicated in the Order cannot be subsequently changed, unless otherwise agreed directly between the Customer and the courier; in such cases Santoni shall not be involved in any manner; In particular, in the event of changes to the shipping address indicated in the Order and/or in the event of delivery to a person other than the addressee (in light of the fact that the courier is not required to verify the identity of the person accepting the delivery), or in the event that the Customer asks the courier for delivery without a signature, the Customer acknowledges and accepts that Santoni cannot be held responsible for any loss, delivery to a different and/or wrong person, theft and/or damage to the Products. Accordingly, the Customer is invited to check the terms and conditions applied by the courier in advance.
6.When the Products are delivered, the Customer is required to check:
-that the number of packages delivered corresponds to that indicated in the transport document or otherwise provided for in the Order;
-that the packaging is intact and is not damaged, wet or altered in any way, including the fastening (adhesive tape or metal).
7.It is therefore the Customer’s responsibility to check the conditions of the product delivered, it being understood that the risk of loss of or damage to the products, for causes not attributable to Santoni, is transferred to the Customer when he/she (or a designated third party, different from the courier) actually takes delivery of the products. 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 delivery company. It is recommended that the Customer promptly reports any such problems to Customer Service.
8.For more information and further details on shipping and delivery, the Customer is required to read the "Shipping" section of this Website, the content of which is an integral and substantial part of these Santoni Website Terms and Conditions of Sale and, therefore, is considered fully known and accepted at the time the Customer sends the Order.
6) Right of withdrawal (so-called right to change your mind)
1.The Customer has the right to withdraw from the Contract for purchases made online on this Website (the so-called right to change your mind) for any reason, without providing an explanation and without any penalty, no later than 14 (fourteen) working days from the date of delivery of the products (30 (thirty) days for the USA).Therefore, any such requests received after this deadline cannot be accepted.
2.To exercise the aforementioned right of withdrawal, the Customer must write an email to Customer Service or fill in and send the form on the Website, no later than the aforementioned deadline. All instructions on the procedure to be followed and the form to be sent are provided in the "Returns and Refunds" section of this Website, the content of which forms an integral and substantial part of these Santoni Website Terms and Conditions of Sale and, therefore, is deemed to be fully known and accepted at the time the Customer exercises his or her right of withdrawal.
The Customer must therefore scrupulously follow the above procedure and obtain a code before being able to return the product to Santoni, and must then return the purchased products at his or her own expense and under his or her own responsibility, no later than 14 (fourteen) days from the date he or she communicated the withdrawal (30 (thirty) days for the USA) to Santoni, to the warehouse indicated. All shipping costs and customs duties, as well as any other tax and/or export charges that may be applicable for the return of the product, shall be borne exclusively by the Customer. As such, the Customer is therefore invited to contact the competent customs authorities in advance to verify the costs and any export limits. It remains understood that, in the event of expiry of the aforementioned period of 14 (fourteen) days and/or 30 (thirty) days for the USA, the Customer shall no longer be able to exercise the so-called right to change your mind.
3.The products must be returned intact with all their parts and in their original packaging (bags and boxes), unused and only tried for the time strictly necessary to reasonably establish and verify their condition, characteristics and size, with normal diligence, with no signs of wear or dirt, in compliance with the following conditions:
-the right of withdrawal may apply to the purchased product in its entirety, so it is not possible to exercise withdrawal only for a part of the purchased product (e.g. accessories, complements, etc.);
-the products must be returned in their original packaging (box, pack, packaging, accessories, pieces, protections, leaflets, etc.);
-the products must not have been used, damaged, worn, washed, modified and/or handled and the soles of the shoes must be perfectly clean and intact (to this end, Santoni strongly recommends that Customers try the shoes purchased on a particularly soft, smooth and clean surface);
-any labels and safety tags must still be attached to the products;
-shoe care products and personalised and/or made-to-measure products purchased on this Website cannot be returned, so the right of withdrawal can expressly not be exercised for these.
4.In any case, Santoni reserves the right to refuse the return if:
-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.);
-the product is damaged, deteriorated, dirty and/or used;
-the product has been returned after the deadline indicated above;
-the product was returned without following the return procedure or without a return form.
In such cases, Santoni will return the product received to the sender, charging the sender for the shipping costs and for any other expenses, taxes and/or duties, and, if already refunded, the price of the product.
5.Furthermore, Santoni reserves the right to claim compensation for any damage caused by the Customer's negligent and/or wilful conduct when returning products. Santoni cannot be held responsible for products lost or stolen in circumstances beyond its control, or for returns to the wrong address, or for delays in the delivery of products returned that are beyond its control, it being understood that the Customer bears all the risks of the return and is required to provide proof of the same.
6.In the event of withdrawal, Santoni shall refund the Customer the full amount already paid (where applicable, including the shipping costs paid for delivery and potentially minus any shipping costs for redelivery, as well as customs duties, or any other tax and/or export charges that may be applicable for the return of the product as borne by the Customer, and not paid in advance), within 14 (fourteen) days from receipt of the notice of withdrawal, by means of a transfer of the amount charged to the same means of payment used by the Customer for the initial transaction, unless otherwise agreed. Santoni may suspend the refund until the returned product is received, or until the Customer can provide proof that they have correctly returned the product.
7.There is no option to exchange a product for a different size/ for another product; as such, where an exchange is desired, the Customer must nonetheless exercise the right of withdrawal by following the above procedure, and then proceed with a new purchase. It is not possible to return products purchased on this Website under different and/or additional terms and conditions to those provided in this section when exercising the right of withdrawal, except as provided below in the event of non-conformity of the products.
8.It remains understood that the conditions of withdrawal set out herein apply exclusively to Santoni Products purchased on this Website (accordingly, they do not apply either to sales made in Santoni shops, or to sales of Santoni products made in stores owned by Santoni retailers or third parties). As such, for information regarding Santoni products purchased elsewhere, please contact the relevant seller.
7) Warranty and conformity of products
1.Santoni shall be liable to the Customer for any lack of conformity of products purchased from this Website that exist at the time of delivery of the Product and which arise within 2 (two) years of the date of delivery of the same; therefore, in such cases the Customer will be entitled to exercise the statutory warranty.
2.In order to be able to exercise their rights under this statutory warranty, the Customer must keep the invoice or receipt of payment together with the transport document, for proof of purchase and verification of compliance with the aforementioned time limit. It remains understood that this warranty will be applicable as long as the product has been used correctly, in accordance with its intended use and as provided for in the instructions for use and/or washing present on and/or provided with the product (in this regard, please remember that Santoni Products require special care and attention in their use and conservation, in order to maintain their technical and aesthetic characteristics over time). Where the warranty 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).
3.To report any defects of conformity, please contact Customer Service and follow the instructions provided.
4.Once the product has been returned to Santoni, it will be inspected by our quality department. Should the reported defect or non-conformity be confirmed, we will proceed with the repair or replacement of the product, where possible. However, if the inspection rules out any defect or non-conformity, we shall notify the Customer and return the product received, charging the latter for any shipping costs and/or any other costs, taxes and/or duties that may be applicable.
5.In the event that, for whatever reason, Santoni is unable to repair or replace the product, or if the repair or replacement is, even based on the value of the product, deemed to be too expensive, the Customer shall be entitled to a proportional reduction of the price paid (taking into account the extent of the conformity defect), or alternatively, may terminate the contract of sale with the return of the full amount paid. The Customer does not have the right to terminate the sales contract if the conformity defect is deemed to be minor.
8) Customer service
For any questions, information or to receive assistance on our Products or the services offered on our Website, you can contact our Customer Service team using the details and according to the procedures indicated in the "Customer Service - Contact Us" section of this Website, the content of which constitutes an integral and substantial part of these Santoni Website Terms and Conditions of Sale.
9) Unavailability of Products and Force Majeure
1.If one or more Products published on the Website are no longer available or on sale at the time the Customer sends the Order, Santoni will promptly inform the Customer of the unavailability of the ordered Products, and in any case within 30 (thirty) days from the day after the Order was received. In the event of payment of the price, Santoni will immediately refund the amount advanced by the Customer.
2.Santoni cannot be liable for any delayed delivery or non-delivery due to force majeure (including, but not limited to, any unforeseeable, unavoidable event or circumstance beyond Santoni's control, such as the blocking of means of transport, earthquakes, fires, storms, floods, lightning strikes, suspension of telecommunications networks, wars, lockouts, strikes, epidemics and pandemics, measures taken by the authorities, etc.) or fortuitous events. Santoni cannot be liable to the Customer for any (direct and/or indirect) damages, losses or costs suffered as a result of the delayed or failed execution of the Contract for the sale of the Products on the Website due to the above-mentioned causes of force majeure, the Customer being entitled only to a refund of any price paid in case of the impossibility of delivering the purchased Products.
10) Privacy and Cookies
11) Product authenticity and intellectual and industrial property rights
1.Santoni guarantees the authenticity and quality of all the Products sold on this Website.
2.The Products sold on this Website are the result of the inventions and creations of Santoni and of the considerable investments made by Santoni to conceive, design, define, create and manufacture them, therefore they represent the company's know-how, they are subject to Santoni's copyright and are mostly protected by intellectual and industrial property rights resulting from the filing and registration of trademarks, patents, designs and models; therefore they belong to and owned/held exclusively by Santoni. The total or partial reproduction, modification or use in any form of designs, models, trademarks and/or patents owned and/or held by Santoni is therefore strictly prohibited.
3.The Santoni trademark, all figurative and non-figurative marks and in general all other marks, illustrations, images and logos present on Santoni Products, accessories and/or packaging, whether registered or not, are and shall remain the exclusive property of Santoni. Therefore, the total or partial reproduction, modification or use of trademarks, illustrations, images and logos for any reason and on any medium is strictly prohibited without the prior and express approval of Santoni. Any combination of these trademarks with other marks, symbols, logos or any other distinctive sign capable of creating a composite logo is also prohibited without the prior and express approval of Santoni.
12) Applicable law and competent court
1.These Santoni Website Terms and Conditions of Sale shall be governed by and construed in accordance with Italian law, to the exclusion of conflict of laws and private international law, and the 1980 Vienna Convention on the International Sale of Goods shall not apply. In the event of any discrepancy between these Santoni Website Terms and Conditions of Sale in Italian and in another language accepted by the Customer, the meaning and interpretation of the same in Italian shall prevail.
2.In the event of a dispute arising from the interpretation and/or application of these Santoni Website Terms and Conditions of Sale, the court of the place of domicile or residence of the Customer, if located in the territory of the Italian State, shall have exclusive and binding jurisdiction. If the Customer's domicile or residence is located in a territory other than Italy, the Customer may take legal action, at his/her choice, before the court of his/her place of residence or domicile or the court of Milan, where Santoni has its registered office. Alternatively, in accordance with Article 14 of Regulation (EU) No 524/2013, the Customer may initiate one of the out-of-court dispute settlement procedures provided for by legislation in force (including, for example, the procedure provided for by the online platform made available by the European Commission, which can be accessed via the website http://ec.europa.eu/odr).
Registered office Via Montenapoleone n. 9 20121 Milan Italy
Administrative/operational headquarters Via Enrico Mattei n. 59 62014 Corridonia (MC)
Certified email (PEC): email@example.com
Register of Companies of Milan
Registration number 01806460430
REA code MI – 2001131
VAT and tax code 01806460430
Chair of the Board of Directors and Chief Executive Officer Giuseppe Santoni
Share capital i.v. €1,800,000.00
Last updated 16/05/2023