GENERAL CONDITIONS OF PURCHASE
1. General Provisions
- The following General Conditions of Sale (hereinafter referred to as “General Conditions”) are referred to and regulate the online sales of products bearing the “Janet&Janet” trademark and the “Janet Sport” trademark made through the e-commerce area of the website www.janetandjanet.com (hereinafter referred to as “E-shop”) pursuant to the Italian Legislative Decree 2005/206 and consecutive amendments (hereinafter referred to as “Consumer Code”) and especially to Book I, Title III of chapter III as amended by Legislative Decree 2014/21. For any other legal information the “Legal Notes” section may be consulted (which also contains information on Privacy, conditions relating to use of the site, withdrawal forms along with other information) in the site www. www.janetandjanet.com (hereinafter referred to as “Site”). The General Conditions are available in Italian and English languages.
- Products bearing the trademark “Janet&Janet” and the trademark “Janet Sport” presented in the E-shop and/or in the Site (hereinafter “Products”) are sold by A&G CALZATURIFICIO SPA, company under Italian law with head office at Via A. Merloni 20, Serra dei Conti (AN), Italy, registered at the Ancona Chamber of Commerce n° 00101050425 (VAT n°), registered capital €1,512,000.00, REA n° 86314 (hereinafter “A&G”).
- The Products, the “Janet&Janet” trademark, the “Janet Sport” trademark , the Site (including the E-Shop) are the property of A&G.
- The publication of the Products does not constitute an offer to the public or a contract proposal, it is simply an invitation to propose. A contract of online sale of the Products shall only be considered to have been stipulated upon express Acceptance (as defined below) by A&G.
2. Access to online sales service
- Access to the Site sales service and purchase of the Products is permitted only to all physical persons who (hereinafter referred to as “Customer”):
i) are at least 18 years of age;
ii) are acting as consumers as per section 3 of the Consumer Code, that
is, for purposes that are extraneous to the business, commercial, craft
or professional activity that they may be involved in;
iii) are resident in Italy or in one of the following UE Counrties: Spain,
Portugal, Greece, Belgium, Netherlands, Luxembourg, Denmark, Sweden, Finland, France, Germany, United Kingdom, Austria (hereinafter referred to as “Residence Countries”);
iv) have performed the registration specified in the following clause 2.2 of the General Conditions.
- In order to register with the E-shop it is necessary to fill in the appropriate form which can be found on Site and follow the specified procedure set therein, by inserting the requested data (including, but not limited to: first name, surname, date of birth, delivery address, email address, user name, password). Registration is free of charge.
- Registration with the E-shop is equivalent to full and unconditional acceptance of these General Conditions. The customer is required to carefully read the General Conditions, which he/she is permitted to memorise and reproduce, as well as all the other information that A&G provides on the Site both before and during the purchase procedure.
3. Purchase Procedure
3.1 Customer’s Purchase Proposal
- Pursuant to legislation as specified in Legislative Decree n° 70/2003 and
Legislative Decree n° 206/2005 and successive amendments, A&G informs the Customer that, for the purposes of purchase of the Products, he/she must send the relative purchase proposal according to the following procedure:
i) the Customer must gain access to the E-shop by using the access credentials (user name and password) attributed to him/her having completed the registration referred to in clause 2.2 above;
ii) the Customer must compile the electronic purchase proposal form, automatically created by the system according to the instructions given therein (including, but not limited to: select the Country of residence; select the Product you intend to purchase by clicking on the virtual button marked “Add to Shopping Bag” associated with the form; continue selection or proceed to complete the purchase proposal by clicking on the respective virtual buttons marked “Add to Shopping Bag” or “Complete the Order”; etc.);
iii) the Customer must check, in the appropriate virtual summary form automatically created by the system under the heading “Your Order” (hereinafter “Summary”), the correctness of the data provided and correct it if necessary;
iv) the Customer must confirm the Summary using the appropriate commands, providing specific confirmation of having read, understood and unconditionally and fully accepted the pre-contractual information provided by A&G in compliance with art. 49, subsection I of the Consumer Code and the General Conditions in force at the time of sending, the particular conditions specified in the form expressly including the Price (as defined below). The Summary thus confirmed is equivalent to a purchase proposal known to the system as “Purchase Order” that the Customer will send electronically to A&G by clicking the appropriate virtual button marked “ORDER WITH CUSTOMER OBLIGATION TO PAY” to request A&G’s acceptance (hereinafter “Purchase Order”).
3.2 A&G Acceptance
- The sales contract stipulated between A&G and the Customer must only be regarded as binding with the notification to the Customer by A&G of its acceptance of the relative Purchase Order, that will be sent via email to the address supplied by the Customer in the Purchase Order (hereinafter “Acceptance”). The Purchase Order will be accepted by A&G if at least the following conditions apply, namely that: (i) the entire purchase procedure as described in clause 3.1 has been completed, without any indication of irregularity or error by the system; (ii) the Products referred to in the Purchase Order are verified and confirmed by A&G to be available; (iii) A&G has received notification of payment ordered by the Customer using the Paypal payment system.
- A&G does not accept liability for malfunctions that depend on the controller of the data transmission network, on the Paypal system or on the company that issued the credit card used to connect with the Paypal account specified by the Customer in the Purchase Order.
- Pursuant to section 53 of the Consumer Code, A&G will send, along with the Acceptance, a notification containing the summary of the General Conditions, information on the essential characteristics of the Products purchased, details of the Price and means of payment, information about delivery costs, information about the conditions and methods of exercising the right to withdrawal, the geographical address of A&G where complaints can be presented and information on the availability of assistance and guarantees. Without delay, the Customer must check the contents of the notification and immediately inform A&G of any errors or omissions.
3.3 Refusal of Purchase Order
- Irrespective of the conditions referred to in clause 3.2.1, no Purchase Order must be accepted by A&G and no contract can be considered as binding between A&G and the Customer if:
(i) a controversy exists of any nature or entity between A&G and the Customer;
(ii) A&G has reasonable and well-founded reason to believe that the Customer intends to purchase the Products for purposes that are inherent to his/her business or professional activity, or that or third parties, in violation of the provisions specified in clause 2.1 of the General Conditions or, in any case, prejudicial to A&G.
- In these cases, the Purchase Order sent by the Customer must be considered as being devoid of validity and effect and A&G will take steps to notify the Customer by email of its non-acceptance of the Purchase Order and the resulting lack of a binding contract.
4. Information about the Products
- Information relating to the Products (including, but not limited to: characteristics of the item, price, assortment, quantity, etc.) can be consulted in the E-shop. In particular, the Customer is informed that the sale price of a product may change depending on the Country of residence he selected. In any case, the Customer will find as pointed out in the Summary, Purchase Order acceptance and the indication of the price of the Product that he will actually pay (see section 6 below). For any further information the Customer can contact Customer Services referred to in section 12 below.
- Images of the Products published in the E-shop and/or on the Site may present errors, inaccuracies or, in any case, may not be faithful to reality, also due to the settings of the computer means used by Customers for visualisation. Such images are thus to be considered as purely indicative. In this regard, for the purposes of stipulating the contract, it shall be valid only the the description of the Product contained in the Purchase Order confirmed in the Acceptance.
5. Availability of the Products
- The availability of the Products is limited and is subject to variation. If a Product is not available, subsequent to the sending of a Purchase Order, the Customer will be informed via email prior to Acceptance, and he/she will have the opportunity of choosing whether to propose the Purchase of a Product other than the Product that is not available or else to cancel the Purchase Order that was sent. The first case shall be considered as a new Purchase Order and subject to Acceptance as referred to in clause 3 above. In the latter case, A&G shall proceed with the cancellation of the Purchase Order with nothing payable by the Customer.
- A&G reserves the right to change or update the quantity, assortment and any other information regarding the characteristics of the Products at any time, without any prior notification. For the purposes of stipulating the contract, the specifications contained in the Purchase Order shall be valid.
6. Price and method of payment
- Prices of Products shown in the Site are expressed in Euros (VAT included). They do not include delivery charges or other additional costs.
- The total price (hereinafter “Price”), including tax, delivery charges and/or other additional costs payable by the Customer, who should expressly accept, shall be highlighted in the Summary, in the Purchase Order and in the Acceptance.
- A&G reserves the right to modify the price of the Products shown in the E-shop and/or on the Site at any time and without prior notification. In any case, for the purposes of stipulating each sales contract with the Customer, the sales price charged to the Customer shall be the price shown in the Purchase Order and confirmed in the Acceptance.
- A&G only accepts payments made by the Paypal system.
7. Delivery of Products and receiving countries
- The delivery of Products purchased by the Customer shall only be made ONLY in Italy and in Residence Countries (see section 2.1.iii above) AND ONLY to the delivery address specified by the Customer in the Purchase Order. For safety reasons, this address may not be a postal box or poste restante even if it is situated in the above mentioned Countries.
- Specification of an address that does not conform to the previous point shall be automatically precluded from the Site which will not permit completion of the procedure referred to in clause 3.1.
- Delivery charges of the Products (see paragraph 6 below of this section) and any other additional costs are payable by the Customer. The amounts shall be distinctly indicated in Euros and shall include VAT, if required by applicable law, in the Summary, the Purchase Order and the Acceptance.
- Terms of delivery are those specified in the Purchase Order and, unless otherwise agreed with the Customer, are always considered as non-essential for the Customer. In cases where terms of delivery are not specified, in compliance with section 54 of the Consumer Code, delivery shall always be made within 30 days starting the day after sending the Acceptance notification.
- Upon dispatch, i.e. when the Products are transferred to the carrier, an email will be sent to the Customer confirming dispatch along with the tracking number in order to enable the Customer to monitor delivery status.
- Deliveries effected by A&G, by means of the express courier service provided by BRT SpA for deliveries in Italy and by DHL International GmbH for deliveries in the Residence Countries (each one hereinafter referred to as “Courier”), shall be made from Monday to Friday in normal office hours, except for national holidays, at the cost of:
a) €5.00 for delivery in Italy;
b)€20,00 for delivery in Residence Countries (see section 2.1.iii
- In order for A&G to honour the delivery date it is important to consider the time at which the Product is made available to the Customer (for example, reaching the delivery address specified in the Purchase Order).
- The Customer acknowledges that collection of the Product is one of his/her specific obligations arising of the sales contract. Should the delivery not be made due to absence of the addressee, the Courier shall make a second attempt at delivery and, if the outcome is once again negative, the Courier shall leave a notification with necessary instructions for collection.
- In cases in which the purchased Product is not delivered within the period agreed in the Purchase Order, i.e. within 30 days as specified in preceding subsection 4, also considering the agreed non-essential nature of terms of delivery as specified in clause 7.4 above, the Customer shall request A&G to make the delivery within a supplementary term that is appropriate to the circumstances (e.g. for deliveries in Italy, excluding islands, not before 2 days from the term agreed by the parties and for deliveries in the Residence Countries not before 4 days from the term agreed by the parties) by contacting Customer Service referred to in section 12 below.
- Except in cases of delays due to unforeseen circumstances, or force majeure or due to the Client, should A&G not honour the terms of delivery specified in the Purchase Order, if agreed as essential, or the supplementary term, the Customer has the right to terminate the contract. In such a case, any amount already paid shall be reimbursed by A&G without undue delay and in any case not before 15 days from the date of receipt of the declaration of termination.
8. Shortages, Flaws and Defects
- Upon delivery, the Customer must check that the number of packages delivered corresponds to the specifications contained in the delivery note and that the Product packing is intact, not damaged, wet or altered in some way. Any anomaly (for example, tampered or damaged packaging, damaged products, missing items, etc.) must be immediately reported in writing on the courier’s proof of delivery.
- A&G is liable to the Customer, as per sections 128-135 of the Consumer Code, for non-conformity of the Products existing at the moment of delivery or which become apparent within two years of such delivery. Such defects must be reported by the Customer to A&G, subject to forfeiture, within two months from when they are discovered.
- To this end the Customer must contact, via email or fax, the Customer Service which will swiftly respond to the message. The Product about which the Customer has made a complaint must be sent to A&G who will verify the existence or otherwise of the defect. A&G reserves the right to ask the Customer to attach the delivery note to the Acceptance request or another document that proves the date on which the purchase was made. To this end, the Customer is advised to carefully retain such documentation.
- Should A&G ascertain the grounds for the complaint, the Customer has the right:
a) to choose to have the item either repaired or replaced free of charge, except where the requested remedy is physically impossible or excessively costly compared to the alternative;
b) to choose either a price reduction or to terminate the contract in cases where the repair or the replacement are impossible or excessively costly, or the repair or replacement have not been carried out within a reasonable period of time, or the repair or replacement, previously carried out, have caused serious inconvenience to the Customer.
- Any defects, breakdowns or malfunctions of the Products caused by accidents or for which the Customer is responsible or due to a use of the Product that does not conform to its destined use or to what is specified in the description (for example, type of material used) attached to the Product are considered as excluded from the application of the legal guarantee.
9. Information relating to the exercising of the right of withdrawal (Attachment 1, part A, Italian Legislative Decree 21/2014)
- The Customer has the right to withdraw from the purchase contract, without any penalty and without specifying the reason, within a period of fourteen (14) days from the day on which the Customer or a third party designated by the Customer (other than the carrier) comes into physical possession of the Products ordered (“Withdrawal Period”). In cases where the Customer has ordered multiple Products using one single Purchase Order which are delivered separately, the Withdrawal Period shall start from the day on which the Customer or a third party designated by the Customer (other than the carrier) comes into physical possession of the last Product to be delivered.
- In order to exercise his/her right of withdrawal the Customer must notify A&G of his/her decision to withdraw from the contract, by means of an explicit declaration (e.g. letter sent by post, fax or email) to be sent, according the means used, to the following addresses: by email to [email protected]; by fax to the number 0737-870927; by post of courier to A&G Calzaturificio SpA, Via A. Merloni 20, Serra dei Conti (AN), Italy. To this end the Customer may use the attached withdrawal form by this is not mandatory. The declaration must specify the order number and, in cases where the order refers to more than one Product, the Product relative to which the Customer intends to exercise his/her right of withdrawal.
- In order to observe the terms of withdrawal the Customer must send the notification of the exercising of his/her right to withdraw from the contract prior to expiry of the Withdrawal Period. Effects of Withdrawal
- If the Customer withdraws from the purchase contract all payments he/she has made in favour of A&G shall be reimbursed to him/her, including delivery charges (except for supplementary costs deriving from his/her eventual choice of a means of delivery that is different from the least expensive means of standard delivery offered by A&G), without undue delay and in any case not more than 14 (fourteen) days from the day on which A&G was informed of the Customer’s decision to withdraw from the purchase contract. Any such reimbursements shall be made using the same means of payment used by the Customer for the initial transaction (i.e. by retransfer onto Paypal account) without any charge for the Customer as a consequence of such a reimbursement.
- The reimbursement referred to in the previous subsection may be suspended by A&G until such time as the Products have been received or until the Customer has demonstrated to have sent back the Products, whichever is the earlier, in observance of the provisions specified in the following subsection 6.
- In cases of withdrawal, the Customer must send back the Products or hand them in directly to A&G Calzaturificio SpA, Ufficio Servizio Clienti E-Shop, Via A. Merloni 20, Serra dei Conti (AN), Italy, without undue delay and in any case not more than 14 (fourteen) days from the day on which the Customer notified A&G of withdrawal from the Purchase Contract (Return Period). The term has been observed if the Customer sends back or hands the goods back directly prior to the expiry of the Return Period.
- The direct costs of returning the goods shall be payable by A&G ONLY IF the Customer carries out the return by using, according to the Residence Country selected, the relevant Courier as per section 7.6 above (i.e BRT SpA, better known as Bartolini Corriere Espresso, for Customers resident in Italy; DHL International GmbH, better known as DHL Express, for Customers resident in Residence Countries, as listed in section 2.1.iii above). Otherwise, should the Customer carry out the return using different means (that is, if he/she sends the purchased Products by parcel services or by using a forwarding company or courier that is not the Courier), the direct costs of the return of the Products referred to in the previous subsection shall be payable by the Customer.
- The Product must be sent back appropriately protected and packed and, if possible, in its original packaging. From the day of receipt until the expiry of the Withdrawal Period the Product must be kept with normal care and, in the case of withdrawal, it must be returned intact and complete in all of its parts including all of its accessories, leaflets and seals of guarantee attached to the Product, as well as with its identifying cards and labels, if present, all, in any case, being intact and not tampered with, and suitable for the use for which it was destined and free of signs of wear or soiling.
- The Customer is only responsible for the reduction in value deriving from handling the Products in a way that is necessary in order to establish their nature, characteristics and functioning.
- In cases where the withdrawal has not been carried out according to applicable legal requirements, the withdrawal shall not be considered valid and consequently shall not give the right to a reimbursement of the Price. In such cases, A&G shall inform the Customer in good time. If the Product has already been returned to A&G, it shall be kept at A&G’s premises awaiting collection by the Customer, which must be carried out at the cost and liability of the Customer himself/herself.
10. Copyright and trademarks
- The “Janet&Janet” trademark and the “Janet Sport” trademark along with all the figurative and non-figurative trademarks and more in general all other trademarks, distinctive marks, illustrations, images and logos present on the Products, on the relative accessories and packaging, whether registered or not, are and remain the exclusive property of A&G. Total or partial reproduction, modification or use of the abovementioned trademarks, distinctive marks, illustrations, images and logos is prohibited, for any reason and on any support, without the prior express agreement of A&G.
- In the same way, any combination of the aforementioned trademarks with other trademarks, symbols, logos and, more in general, any distinctive mark that could be used to create a composite logo is prohibited.
- In the same way, any reproduction, whether total or partial, modification or use of designs, styles and patents that are found to be the exclusive property of A&G is absolutely prohibited.
12. Customer service, complaints and contacts
- For any complaints (including, but not limited to, delays in delivery, non-conformity of Products, etc.), requests for assistance or information about the Site, about its functioning, about the Products, about the purchasing procedure and, more in general, about everything that regards the contents of the General Conditions, the Customer can contact Customer Service at the following references:
- by email to [email protected];
- by fax to 0737-870927;
- by registered mail return receipt or courier to A&G Calzaturificio SpA, Ufficio Servizio Clienti E-shop, Via A. Merloni 20, Serra dei Conti (AN), Italia
- A&G reserves the right to amend and/or to make additions to the General Conditions at any time and without prior notice. Such amendments and/or additions shall become effective as soon as they are published on the Site in the section “General Conditions”. The General Conditions accepted by the Customer in the respective Purchase Order shall be applied to individual sales contracts.
14. Applicable Law – Competent Court
- The General Conditions and the purchase contracts described therein are regulated by Italian law, also including but not limited to the Consumer Code and the Italian law on electronic commerce (Legislative Decree 2003/70), both issued as implementation of UE Directives in these legal fields, without prejudice for the provisions laid down by mandatory law effective in the relevant Residence Country of Customer.
- For all disputes relating to the application, execution and interpretation of the General Conditions and the purchase contracts described therein, the competent court is that of the Customer’s place of residence or domicile or, as a choice of Customer and should a legal claim be acted by him, the Civil Court of Ancona, Italy.