The following Terms and Conditions for Sale of Goods (hereafter referred to as “Terms of Sale”) regulate offers and sale of products (“Products”) through the website www.scarpa.net (“Online Store”) to users described as “consumers” according to Law 206/2005 including subsequent amendments and additions; in other words, users/individuals who access the Online Store for purposes not connected with any trade, business or profession.
The Terms of Sale may be changed by Calzaturificio S.C.A.R.P.A. S.p.A. The changes are effective from the day of their publication online, but do not apply to any orders that have been shipped prior to this date.
A. SELLER INFORMATION
Products listed online are goods produced and sold by Calzaturificio S.C.A.R.P.A. S.p.A. (hereafter referred to as “SCARPA”), with registered office in Viale Enrico Fermi 1, 31011 - Asolo (TV), listed on the Treviso Business Register with the Economic and Administrative Index (REA) no. REA 29468/Treviso, P. IVA 00173370263, paid-up capital amounting to €2.080.000.
Contacts: Calzaturificio S.C.A.R.P.A S.p.A., Viale Enrico Fermi 1, 31011 - Asolo (TV), tel. [+39 0423 5284], fax [+39 0423 528599], email: firstname.lastname@example.org.
B. CONCLUDING A SALES CONTRACT
To purchase Products through the Online Store, the Customer must:
In case of registered user, the Consumer, to submit an order of one or more Products, must:
access the Online Store using login details provided by SCARPA after the completion of the registration form;
submit to SCARPA the order form by clicking “Confirm – Pay Now”.
When accessing the Online Store for the first time, the Customer must change the login details provided after the registration request.
For administrative and accounting reasons, SCARPA will be able to check the details provided by the Customer on their registration form and/or communicated for the order to be processed.
The order cannot be processed and shipped if any details are missing from the form.
The contract with SCARPA is available in both Italian and English.
The order form includes the following information: summary of the Terms of Sale, basic details of each Product including price, methods of payment that the Customer can use when purchasing the selected Product, delivery methods and shipping costs.
The contract is finalised when the Customer receives a confirmation email from SCARPA, summarising the details of the order. This will be sent to the email address provided by the Customer. The Customer is advised to keep a copy of the order form and the confirmation email according to Article 12 of Law no. 70/2003 concerning online trading.
If the Product is unavailable, SCARPA will inform the Customer as soon as possible via email that the company is not able to proceed with the order and deliver the goods, detailing the reasons. If the Product was paid for in advance, SCARPA will fully refund the Customer. SCARPA does not accept any responsibility for possible delays in the refund, which are dependent on the credit card network used or the Customer’s bank.
SCARPA will hold a copy of the order form on file in its data bank for the time period necessary to fulfil the orders and in accordance with contractual law and tax law. The Customer can access all orders at any time using their online account or request a copy of the order by filling out the form which can be found in the section “Contacts” of the Online Store.
C. PRICING AND PAYMENT
The price of each Product is quoted in Euro and is listed on the Product information page available online.
The price includes VAT (if applicable, according to the law), the cost of standard packaging and any possible indirect taxation (if applicable, according to the law). The price does not include the cost of shipping, transport and delivery detailed below. These additional costs will be provided in detail before the order is submitted, together with any applicable tariffs or import charges according to the laws currently in force in the country of delivery.
The amount due can be settled using the following methods of payment:
Payment can be made with the following credit cards: VISA, Mastercard or American Express;
Payment can also be made using Pay Pal service;
Payment can also be made using MyBank (preselect Paypal at checkout);
Payment can also be made using Sofort (preselect Paypal at checkout)
In the event of payment not going through, within 7 days of the acceptance date of the order, SCARPA will send the Customer notification to confirm that the order has been cancelled.
D. PRODUCT SHIPMENT AND DELIVERY
Products will be shipped using trusted courier companies once the amount due for the purchase of the Product has been received.
Products purchased online will only be delivered during office hours from Monday to Friday, excluding national holidays and periods when SCARPA is closed, which will be listed online.
The terms of delivery are those indicated in the purchase confirmation order.
SCARPA is not responsible for any delays in the delivery of the Product caused by the shipping company.
If, for a reason attributable to the Customer, a Product is not collected (the following examples are not exhaustive: incorrect address which was not resolved following a request for clarification sent by the supplier; repeated unavailability (at least two number of times) of the consumer and absence of an alternative address for product delivery), the order will be cancelled and SCARPA will retain the transport and return costs. In any case, the Customer can submit a new order, detailing an alternative address for delivery.
Click here to find out more about shipping costs, delivery terms and countries where SCARPA Products can be delivered, including a table with estimated times of delivery. The delivery time will be communicated on a case-by-case basis. No products will be shipped to countries not listed in the table which appears in the link.
E. GOODS CONTROL
Once the Products are delivered by the courier selected by SCARPA, the Customer is responsible for checking that the package is intact, undamaged, dry or has not been tampered with, including the sealing of the package. Any damage must be immediately reported to the courier who is responsible for the delivery. Once the freight document is signed, the Customer cannot raise any objection to the exterior features of the delivered items.
If there is a mismatch between the items ordered and the items delivered, this must be immediately communicated to the company using the “Contacts” form found online, indicating specific reasons and providing details.
F. LIABILITY FOR DEFECTSThe Product’s essential features are listed in the corresponding product information.
Images and colours of Products illustrated online may not match the real ones due to the technical features of the internet browser or monitor.
SCARPA guarantees that all Products will be free from faults in material and production for a period of 2 years from the delivery date (“Warranty Period”).
If the Customer submits a claim during the Warranty Period and this claim is established and accepted by SCARPA, the latter will repair and/or substitute the Product, which will be delivered to the Customer, with costs sustained by SCARPA, to the same address listed in the confirmation order.
If the Product cannot be repaired or substituted, the Customer is entitled to a reduction in the purchase price when the defect does not prevent the use of the Product by the Customer and there are no resulting safety issues, or the order will be terminated by refunding what was initially paid.
Any refund will be processed utilising the same payment method used when the Product was purchased. In establishing a reduction of the purchase price, the actual use of the Product will be taken into account. It must also be noted that a minor defect, where it is not possible to carry out repairs or replacements due to excessive costs, does not allow termination of the contract by the Customer.
To avoid the risk of the warranty becoming null and void, the Customer must send a complaint to SCARPA, using the procedure found online in the “Profile - Orders”, than select "Returns/Substitution" specifying the reasons.
The Customer will receive instructions from SCARPA on how to return the Product, attaching the appropriate documentation, specifying any defects found in the delivered Product, within and no later than 2 months after discovering them.
The warranty does not cover Product defects caused and/or resulting from:
- negligent or improper use;
- repairs that have not been authorised in advance and in writing by SCARPA;
- normal wear and tear of material;
- failure to observe the recommendations laid out by SCARPA in the appropriate instructions included with the Product;
- failure and/or incorrect maintenance with respect to those indicated in the instructions leaflet included with the Product.
G. RIGHT OF WITHDRAWAL
According to Articles 52 of the Consumer Code and those following (Law 206/05 including subsequent amendments and additions), the Customer can cancel the contract without providing any reason within and no later than 14 days from the date of delivery, using the procedure found online in the “Profile - Orders”, than select "Returns/Substitution" specifying the reasons. The Customer will receive instructions from SCARPA on how to return the Product. The Product must be returned within 14 days of the cancellation date. The date shown on the delivery note is proof of receipt.
Returned Products must be sent to SCARPA, within the specified timeframe, to the following address: S.C.A.R.P.A. S.p.A., Via E. Fermi 1, 31011 - Asolo (TV), Italy.
Conditions for returning products and refunding
To receive a full refund of the paid cost, Products must be returned intact (they must not have been used by the Customer or damaged) in their original packaging (identifying labels must not be removed as it is an essential part of the Product).
For this reason, in the case of broken, used or damaged Products, the Customer cannot cancel the sales contract.
Sealed Products are accepted only if the covering film and/or packaging are intact.
In any case, the Customer remains responsible for a reduction in value when mishandling the Products to determine its nature, features and functioning. It must also be noted that, in order to determine the nature, features and functioning of the Product, the Customer must handle and inspect this with care and in the same way as if they were handling the Product in a shop.
The right to cancel is not applied when Products cannot be returned for hygienic reasons.
After the Product has been returned, SCARPA will carry out all necessary checks to verify the Product’s conformity in line with the conditions and terms outlined above. If the checks are successful, SCARPA will send a confirmation email to inform the Customer that the returned Product has been accepted, indicating the refund method that will be actioned in the following 14 days, utilizing the same payment method used to purchase the Product. If there is a mismatch between the individual receiving the Product, specified on the order form, and the individual who has processed the payment, and in the event of the order being cancelled, SCARPA will refund the individual who made the payment.
If we verify, during the chack, thar the terms and conditions to exercise the right of withdrawal indicated in the preceding paragraphs are not fulfilled, the Customer will not be entitled to receive any refund of the sums paid to Scarpa. In this case there is no prejudice to the right to collect the Products in the state in which they were returned at his/her own expense, by sending a written request to that effect to the SCARPA Customer Care within 14 (fourteen) days of the date on which the email was sent by Scarpa to inform the Customer of the refusal of the return.
H. APPLICABLE LAW – DISPUTE RESOLUTION
Italian law is applied for all events that are not detailed in the Terms of Sale.
In the event of disputes concerning the sale of Products online, parties can resolve these disputes through procedures that avoid the court being involved and without having to resort to legal means by using the Online Dispute Resolution website provided by the European Platform, which can be visited at the following address https://webgate.ec.europa.eu/odr/main/?event=main.home.show. To access these online dispute resolution procedures and for any information, the email address for SCARPA is email@example.com.
If the dispute cannot be resolved using the online procedure mentioned in the above paragraph, the court of the Customer’s place of residence will be responsible for the dispute resolution.
I. CUSTOMER SERVICE – INFORMATION AND CLAIMS
You may always contact S.C.A.R.P.A. S.p.A. for any queries via our customer services:
using the online “Contacts” section.
J. LIMITATION OF LIABILITY
SCARPA cannot be held responsible in the event of failed access to the Online Store or the failure to improve and/or send the order because of circumstances that are beyond the company’s control, temporary faults and/or equipment malfunction and/or a malfunction of SCARPA’s network, temporary faults and/or malfunction of the internet provider services.
K. INTELLECTUAL PROPERTY RIGHTS
All distinctive marks, brands, names, photographs, written and graphic texts that appear on the Online Store and which are related to the Products are and remain the exclusive property of Calzaturificio S.C.A.R.P.A. S.p.A. They are protected under copyright laws and the Code of Industrial Property (Law 30/2005 including subsequent amendments and additions). The contents of the Online Store may not be altered, reproduced – either partially or in full – copied or transferred using electronic or conventional devices, or used for any other purposes without the prior written permission of Calzaturificio S.C.A.R.P.A. S.p.A. Any use of the online content for advertising or commercial purposes is forbidden.