General conditions of Sale

These Terms and Conditions govern the sale of products through the website www.laurabellariva.com by the company Calzaturificio Elio’s Srl with registered office in Via Maestri del Lavoro 16, 62012 Civitanova Marche (MC), ITALY, VAT no. 00909990434. The Client should carefully read this document before proceeding with any purchase, as well as print and keep it after the purchase. By making any purchase, the Client fully accepts the Terms and Conditions, since the acceptance is a mandatory step before sending the order.

1. CONCLUSION OF THE CONTRACT
The Client selects the products and the related quantity, the payment methods and the shipping address.
Once the order is complete and before the final submission, the Client can check the order and correct any mistake in the Summary of the Order page, which lists the type, quantity and price of the selected product, any applicable shipping costs, the payment methods, the address where the product will be delivered and the information about the existence of the right of withdrawal.
The sales contract is concluded with the receipt by Elio’s of the Client’s order.
Upon receipt of the order, the Client receives an Order Confirmation email with all purchase related data.

2. PRICES AND AVAILABILITY OF PRODUCTS
All prices of the products displayed in the www.laurabellariva.com website are in Euros and include VAT.
Shipping costs, which are not included in the purchase price, are indicated and calculated in the checkout process before sending the order and are also contained in the Summary of the Order page and in the Order Confirmation email.
In case of shipments to non-EU countries, the shipping costs indicated in these Terms and Conditions do not include any import taxes, charges and customs clearance, which must be borne by the Client at the time of delivery.

3. PAYMENT AND REFUND METHODS
Any payment by the Client can be made using one of the following methods:
– PayPal: Client may use Paypal according to its specific modalities;
– Credit card: in case of payment by credit card, the transaction will be processed through Paypal’s secure server or Nexi secure server. In no case and at any stage of payment shall Elio’S be able to access the information related to the credit card of the Client, transmitted via secure connection directly to the site of the bank that manages the transaction.
Any refund will be sent to the Client in a timely manner and using the same payment method used by the Client for the initial transaction.

4. DELIVERY TIMES AND RATES
The products are delivered to the address indicated by the Client.
The products are shipped within 24-48 hours from the receipt of the order. Orders sent before 10 a.m. from Mondays to Thursdays will be shipped on the same day. Orders sent on Fridays, Saturdays and Sundays will be shipped on the following Monday. Orders sent on national public holidays (1 January, 25 April, 1 May, 2 June, 15 August, 1 November, 8-24-25-26 December) and on the Seller closing days will be shipped on the first following working day. In the event that the shipment cannot be made within that period, the Client will be given a timely notice via email.

Delivery times and costs vary depending on the geographical area concerned, and in particular:

Please note that the benchmark considered by the carrier is the weight-to-volume ratio

ITALY
Express delivery 1 day (24 hours from the day of shipment) € 8
Islands (Sicily / Sardinia) and Calabria: 48 ore

EUROPE
Air Delivery in 24-36 hours

0-3 Kg/volume € 17.00
3-5 kg/volume € 28.00
5-10 Kg /volume € 36.00
10 -15 Kg/volume € 49.00

UNITED KINGDOM:
Express delivery (2-4 days)
17.00 (0-3 Kg/volume) – € 28.00 (3-5 Kg/volume) – € 36.00 (5-10 kg/volume) – € 49.00 (10-15 Kg/volume)

SWEDEN:
Express delivery (1-2 days)
17.00 (0-3 Kg/volume) – € 28.00 (3-5 Kg/volume) – € 36.00 (5-10 kg/volume) – € 49.00 (10-15 Kg/volume)

SWITZERLAND and NORWAY:
Express delivery (2-4 days)
€ 27.00 (0-3 Kg/volume) – € 38.00 (3-5 Kg/volume) – € 52.00 (5-10 kg/volume) – € 70.00 (10-15 Kg/volume)

SOUTH AMERICA:
Express delivery (2-4 days)
€ 49.00 (0-3 Kg/volume) – € 55.00 (3-5 Kg/volume) – € 89.00 (5-10 kg/volume) – € 127.00 (10-15 Kg/volume)

USA and CANADA:
Express delivery (2-4 days) (no customs duties for purchases up to € 800,00)
€ 28.00 (0-3 Kg/volume) – € 39.00 (3-5 Kg/volume) – € 54.00 (5-10 kg/volume) – € 79.00 (10-15 Kg/volume)

RUSSIA:
Express delivery (2-4 days)
€ 49.00 (0-3 Kg/volume) – € 55.00 (3-5 Kg/volume) – € 89.00 (5-10 kg/volume) – € 127.00 (10-15 Kg/volume)

TURKEY
Please note that custom duties and charges are not included. Express delivery(2-4 days)
€ 27.00 (0-3 Kg/volume) – € 38.00 (3-5 Kg/volume) – € 52.00 (5-10 kg/volume) – € 70.00 (10-15 Kg/volume)

LEBANON:
Express delivery (2-4 days)
55.00 (0-3 Kg/volume) – € 68.00 (3-5 Kg/volume) – € 97.00 (5-10 kg/volume) – € 131.00 (10-15 Kg/volume)

CHINA:
Express delivery (2-5 days)
44.00 (0-3 Kg/volume) – € 51.00 (3-5 Kg/volume) – € 84.00 (5-10 kg/volume) – € 118.00 (10-15 Kg/volume)

SERBIA ED UCRAINA:
Express delivery (2-4 days)
€ 27.00 (0-3 Kg/volume) – € 28.00 (3-5 Kg/volume) – € 52.00 (5-10 kg/volume) – € 70.00 (10-15 Kg/volume

GEORGIA – IRAN – KAZAKISTAN:
Express delivery (2-5 days)
€ 67.00 (0-3 Kg/volume) – € 84.00 (3-5 Kg/volume) – € 113.00 (5-10 kg/volume) – € 158.00 (10-15 Kg/volume)

ISRAEL:
Express delivery (2-5 days)
€ 60.00 (0-3 Kg/volume) – € 80.00 (3-5 Kg/volume) – € 115.00 (5-10 kg/volume) – € 150.00 (10-15 Kg/volume)

IF YOUR COUNTRY IS NOT COUNTRY NOT INCLUDED IN THIS LIST ABOVE, CONTACT US AT THIS E-MAIL : customercare@laurabellariva.com

In case of shipments to non-EU countries, the shipping costs indicated in these Terms and Conditions do not include any import taxes, charges and customs clearance, which must be borne by the Client at the time of delivery. Customs duties and any taxes vary according to the country of destination and are applied upon arrival of the products in the country: therefore, the Client is invited to contact the customs authorities of their country in advance to check the costs and any import limits.

The indicated delivery times are to be regarded as purely indicative and any delay in delivery does not give the Client the right to refuse the delivery and to request for damages or compensations.

5. CONSUMER S’ RIGHTS AND WARRANTIES
The following article 6 concerning the right of withdrawal and article 7 concerning the conformity warranties apply only if the Client purchases as a consumer.
A Consumer is the natural person acting outside the scope of an economic activity (trade, business, craft or liberal profession).

6. RIGHT OF WITHDRAWAL
The Client is entitled to withdraw from the contract within 14 days from the day of receiving the product. In the case of multiple products ordered by the purchaser in one order and delivered separately, or in the case of a product consisting of multiple lots or pieces, the withdrawal period shall expire after 14 days from the day the Client receives the latest product or the last lot or piece.

This clause IS NOT APPLICABLE for consumers OUTSIDE THE EUROPEAN UNION, where the return is not possible as there would be very many customs import charges.

To exercise the right of withdrawal, the Client is required to inform Elio’S of the decision to withdraw with a notice including the purchase data (name, surname, purchased product, no. of the order, date of receipt of the product). Such notice shall be sent, before the given deadline, by email at customercare@laurabellariva.com, or alternatively by using this form. In any case, the Client will be immediately informed by email of the receipt of such a withdrawal.

In case of exercising the right of withdrawal, the Client has to return the purchased products, without undue delay and in any case within 14 days to the following address:

CALZATURIFICIO ELIO’S SRL,
VIA MAESTRI DEL LAVORO 16,
62012 Civitanova Marche (MC)
ITALY

The shipping costs related to the return of products (including any customs charges, if any) will be borne only by the Client.

The shipment of the products, until the receipt at the address indicated, will be at the sole responsibility of the Client; therefore, we recommend that you insure the shipment. Elio’S will not be liable in any way for damage, theft or loss occurred during transport. In such cases, Elio’s will return the purchased product to the sender, charging him the shipping costs and, when already refunded, the price of the product.

Elio’s provides the Client with the simplified shipment through DHL. If you want to use this shipping method, please follow these instructions:

1. Make sure that the products are in the same condition in which they were received, with all tags attached and the original packaging and box.
2. Fill out the return form on the website related area (return form)
3. Wait for the confirmation acceptance email, containing a pre-filled form (forwarder DHL) to be attached outside the packaging.
4. Prepare the package, attach the return form and contact our carrier 199.199.345 to book the pick up of the package.

Shipping costs, in the same amount of those incurred for the original shipment of the product (see previous art. 4), as well as any custom charges if applicable, in the same amount of those incurred for the original shipment of the product, are to be borne solely by the Client and will be deducted from the refunded sum after the excercise of withdrawal right.

For the withdrawal right to be effective, the products must be returned intact, complete of all their parts, with the warranty seal intact and in original packaging, and can be used only for the time necessary to establish and verify design, characteristics and size, according to reasonable diligence, without any signs of wear or dirt. The Client is liable for any diminished value of the products.

The right of withdrawal will not be recognized in case Elio’s verifies that:
the products are not complete of all their parts (ex. closures, laces, buckles, etc.) and of the Warranty Seal;
the products were not shipped in their original packaging;
In such cases, Elio’s will return the products to the sender, charging him the shipping costs and, when already refunded, the entire price of the product.

In case of exercise of the right of withdrawal, Elio’s will refund the price of the product paid by the Client, excluding the shipping costs and any custom duties or charges, without undue delay from the day the returned product is received and its integrity verified.
The Client will be refunded the amount paid using the same payment method used by the Client for the initial transaction, unless the Client has expressly agreed otherwise; in any case, the Client will not incur any costs as a result of this reimbursement.

In case of exercise the right of withdrawal from a non-EU country, the reimbursement will be equivalent to the price of the product and it will not include shipping costs and custom duties and charges.

7. WARRANTY OF CONFORMITY
The Seller guarantees the Client for the lack of conformity existing at the time of delivery of the product that occurs within two years from the delivery of the product. The Client forfeits all rights if the Seller is not notified of the lack of conformity within two months from the date on which the defect was discovered.

This warranty does not include any malfunctions, defects or faults which are the consequence of facts, wear or responsibility of the Client, or use of the product not in accordance with its intended use and/or provisions in the description accompanying the product or as indicated by the Seller.

It is assumed that the products comply with the contract if they:
a) are fit for the purpose for which products of the same type are normally used;
b) comply with the description given by the seller and possess the qualities of the product which the Seller has held out to the buyer as a sample or model;
c) show the quality and performance which are normal in a product of the same type, which the buyer can reasonably expect, given the nature of the product and, where appropriate, of the statements contained in advertising or on labelling;
d) are fit for any particular purpose for which the Client requires them and which he made known to the seller at the time of conclusion of the contract and which the seller has accepted

In order to take advantage of the Legal Warranty, the Client must first provide proof of the date of purchase and of the delivery of the products. To this end, the Client should keep the purchase invoice, purchase receipt or any other document that certifies the date of purchase and the date of delivery.

In case of lack of conformity, the Client shall contact the Customer Service at customercare@laurabellariva.com, which will provide instructions to follow. Elio’S reserves the right to ask the Client to include, in his request for warranty, detailed photos of the product, the purchase invoice and/or other document proving the date of conclusion of purchase and the delivery date. Elio’s will verify the defect complained and will communicate the result to the Client, requesting the return of the product if needed. In this case, the product must be sent to the following address, according to the instructions provided by the Customer Service:

CALZATURIFICIO ELIO’S SRL,
VIA MAESTRI DEL LAVORO 16,
62012 Civitanova Marche (MC)
ITALY

The shipping costs related to the return of products (including any customs charges, if any) will be borne only by the Client.

In the event that the lack of conformity is confirmed, the Client may request the repair or replacement of the product purchased, unless the remedy requested is objectively impossible or disproportionate. Repairs and replacements shall be made by the seller within a reasonable time agreed with the Client.

Should Elio’S, for any reason, not be able to provide the Client with a product under the warranty (repaired or replaced), or should repair or replacement be excessively burdensome, due to the value of the product, Elio’S may proceed by applying an appropriate discount on the price paid, or by refunding the whole amount paid and terminating the contract. In any case, a minor defect, for which it was not possible or is excessively burdensome to carry out the remedies of repair or replacement, does not entitle the Client to terminate the contract.

8. LIMITATION OF LIABILITY
Elio’S assumes no liability for exceptional circumstances that prevent it from executing the order within the time stipulated in the agreement.
Elio’S cannot be held liable to the Client, except in cases of intentional misconduct or gross negligence, for outages or malfunctions related to the use of the Internet that are outside of its control or of its sub-contractors.
Elio’S assumes no liability for any fraudulent or illegal use that may be made by third parties, of credit cards, checks and other means of payment, at the act of payment for the products purchased, if it proves that it has taken all possible precautions based on the best knowledge and experience of the moment and based on due diligence.

9. COPYRIGHT
Trademarks, logos and other distinguishing signs on the website belong to Elio’S or to its respective owners. The use of trademarks, logos and other distinguishing signs, including reproduction on other websites by unauthorized third parties, is forbidden. The contents of the website are protected by copyright (texts, images and graphics).

10. STORAGE OF CONTRACT
Each order sent by the Client is stored in digital and/or paper form according to confidentiality and security criteria. For more information, please see our Privacy Policy

11. APPLICABLE LAWS AND JURISDICTION
These Terms and Conditions are governed by Italian law and the application of the United Nations Convention on Contracts for the International Sale of Goods is excluded.
Any dispute arising from this contract shall be submitted to the jurisdiction of the Courts in the place of residence of the Client. In case the Client is not a consumer, the competent court will be the Court of Macerata.

12. MODIFICATIONS OF TERMS AND CONDITIONS
Elio’S reserves the right to modify these Terms and Conditions at any time.
The Client is subject to the Terms and Conditions from time to time in force at the time of ordering.
If any provision of these Terms and Conditions is considered invalid, null or for any reason unenforceable, that condition shall not affect the validity and enforceability of the other provisions.

13. COMMUNICATIONS AND CLAIMS
Direct written communications to Elio’s and potential complaints will be considered valid only if sent to the following address: via Maestri del Lavoro 16, 62012 Civitanova Marche (MC) or sent via e-mail to the following address: customercare@laurabellariva.com

14. LANGUAGE
This document is drawn up in two versions: Italian and English. In case of any discrepancy in the translation, the Italian language version will prevail.

15. ALTERNATIVE DISPUTE RESOLUTION – ODR
We inform the Client that a European platform for online dispute resolution for consumer disputes (so called “ODR platform”) has been established. The ODR platform is available at the following address http://ec.europa.eu/consumers/odr/; through the platform, the Client may find a list of the ADR entities and relevant link to their websites, as well as start an online dispute resolution procedure for resolving your dispute.
In any case, regardless the outcome of the of the out-of-court settlement procedure, the Client has the right to turn to ordinary courts, and, where applicable, to start an out-of-court dispute resolution procedure pursuant to Chapter V, Title II-bis of the Consumer Code.

The Client residing in an EU Member State other than Italy, can also access, for any dispute relating to the application, execution and interpretation of these Terms and Conditions, the European proceedings for small claims, set up by Regulation (EC) no. 861/2007 of the Council of 11 July 2007, provided that the amount of the dispute does not exceed, excluding interest, fees and expenses, Euro 2.000,00. The text of the regulation is available on the Website www.eur-lex.europa.eu.

Last modified: October 2018

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