2. The "Janet & Janet" and "Janet Sport" products displayed on the E-shop and/or on the Website (hereinafter "Products") are sold by Sthart S.r.l. CALZATURIFICIO SPA, a company incorporated under Italian law with registered office at Via Garibaldi, 56 60030 Serra de' Conti (AN), Italy, registered in the Register of Companies of the Chamber of Commerce of Ancona under No. 00101050425 (VAT number), Share capital € 1,512,000.00, Economic and Administrative Register No. 86314 (hereinafter "Sthart S.r.l.").
3. The Products, the "Janet & Janet" brand, the "Janet Sport" brand, and the Website (including the E-shop) are owned by Sthart S.r.l..
4. The publication of the Products does not constitute an offer to the public or a contractual proposal but a mere invitation to make a purchase proposal. An online Product sales agreement will be considered valid only after express acceptance (as defined below) by Sthart S.r.l..
1. Access to the Website sales service and to purchase the Products is allowed exclusively to any physical person (hereinafter, "Customer") who: (1) is 18 years old; (2) acts as a consumer pursuant to Article 3 of the Consumer Code, i.e. for purposes unrelated to the business, commercial, craft, or professional activity they may carry out; (3) is resident in Italy or in one of the following European Union countries: Spain, Portugal, Greece, Belgium, Holland, Luxembourg, Denmark, Sweden, Finland, France, Germany, United Kingdom, Austria, Slovenia, Croatia ("Countries of Residence"); (4) has registered as required by Art. 2.2 of the General Terms.
2. In order to register with the E-shop, it is necessary to insert the required data in the appropriate section of the Website (by way of example, name, surname, delivery address, email address, username, password). Registration is free.
3. Registration with the E-shop is valid as full and unconditional acceptance of these General Terms. In this regard, the Customer is required to carefully read the General Terms, which are allowed to be stored and reproduced, as well as all other information that Sthart S.r.l. provides on the Website both before and during the purchase process.
3.1 Customer’s Purchase Proposal
1. Pursuant to Legislative Decree No. 70/2003 and Legislative Decree No. 206/2005 and subsequent amendments, Sthart S.r.l. informs the Customer that, in order to purchase the Products, they must send the relative purchase proposal according to the following process:
(1) the Customer must access the E-shop using the login credentials (username and password) assigned to them as a result of the registration mentioned in Art.2.2 above; (2) the Customer must complete the digital form of the purchase proposal shown to them, with the data and according to the instructions specified therein (by way of example, select the country of residence, select the Product you wish to purchase by clicking on the virtual button "Add to Shopping Bag" associated with it, continue the selection or proceed with the completion of the purchase proposal by clicking the respective virtual buttons "Add to Shopping Bag" or "Conclude the Order"; etc.); (3) the Customer must verify in the digital form of the summary processed by the system and called "Your Order" the accuracy of the data entered and, if incorrect, modify them; (4) the Customer must confirm the data indicated in the "Your Order" form, giving specific confirmation of having read, understood, and accepted unconditionally and in full the pre-contractual information provided by Sthart S.r.l. pursuant to Art. 49, paragraph I of the Consumer Code and the General Terms in force at the time of making the order and the special terms indicated on the form, including, specifically, the Price (as defined below). The "Your Order" form is valid as a purchase proposal that the Customer will send to Sthart S.r.l. electronically by clicking the appropriate digital button called "ORDER WITH CUSTOMER OBLIGATION TO PAY" to request acceptance from Sthart S.r.l. (hereinafter, "Purchase Order").
3.2 Sthart S.r.l. Acceptance
1. The sales agreement between Sthart S.r.l. and the Customer must be made only with the communication to the Customer by Sthart S.r.l. of the acceptance of the Purchase Order, which will be sent via email to the address indicated by the Customer in the Purchase Order. (hereinafter, "Acceptance"). The Purchase Order will be accepted by Sthart S.r.l. when complying at least with the following terms: (1) the entire purchase procedure mentioned in Article 3.1 has been completed, without any indication of irregularity or error by the system; (2) the availability of the Products mentioned in the Purchase Order has been verified and confirmed by Sthart S.r.l.; (3) Sthart S.r.l. has received notification of payment ordered by the Customer through the Paypal payment system.
2. Sthart S.r.l. is not liable for malfunctions depending on the operator of the data transmission network, the Paypal system, or the company issuing the credit card linked to the Paypal account indicated by the Customer in the Purchase Order.
3.3 Refusal of Purchase Order
1. Regardless of the existence of the conditions mentioned in Article 3.2.1, no Purchase Order shall be deemed to be accepted by Sthart S.r.l. and no agreement shall be deemed to be in force between Sthart S.r.l. and the Customer if: (1) there is a dispute of any kind between Sthart S.r.l. and the Customer; (2) Sthart S.r.l. has reasonable and well-founded justification to believe that the Customer intends to purchase the Products for purposes related to their own or other business activity or in violation of the provisions of Art. 2.1 of the General Conditions or in any case prejudicial to Sthart S.r.l..
2. In such cases, the Purchase Order sent by the Customer must be considered invalid and ineffective and Sthart S.r.l. will email the Customer a communication stating the non-acceptance of the Purchase Order and the agreement.
1. The information relating to the Products (such as characteristics of the product, price, stock, quantity, etc.) may be consulted on the E-shop. In particular, the Customer is informed that the sales price of the same Product may vary according to the country of residence selected. In any case, the Customer will find on the form "Your Order", Purchase Order, and Acceptance the price that they will actually have to pay (see Article 6 below). For any further information, the Customer may contact Customer Care mentioned in Art. 12 below.
2. The images of the Products published on the E-shop and/or on the Website may include errors, inaccuracies, or in any case not be true to reality, also due to the settings of the IT used by the customers for viewing. These images are therefore to be considered only as indicative. For the purpose of setting forth the agreement, only the description of the Product contained in the Purchase Order confirmed in the Acceptance will be considered valid.
1. The availability of the Products is limited and subject to change. In the event of the unavailability of a Product, which occurs after sending a Purchase Order, the Customer will be informed by email, and will have the possibility to select a different Product for the purchase or cancel the Purchase Order. The first case will be considered as a new Purchase Order and subject to acceptance mentioned in Article 3 above. In the second case, Sthart S.r.l. will proceed with the cancellation of the Purchase Order without any charge to the Customer (if the Customer has already made the payment, Sthart S.r.l. will issue a refund for the amount paid). Sthart S.r.l. reserves the right to change or update the quantity, stock, and any other information on the characteristics of the Products at any time, without prior notice. For the purpose of the setting forth the agreement, what is indicated in the Purchase Order will be valid.
1. The prices of the Products displayed on the Website are expressed in Euro and include VAT.
2. The total price (hereinafter, "Price"), including taxes and/or other additional costs charged to the customer, which must expressly accept it, will be highlighted on the form "Your Order", Purchase Order, and related Acceptance.
3. Sthart S.r.l. reserves the right to change the price of the Products displayed on the E-shop and/or on the Website at any time and without notice. In any case, for the purpose of setting forth the individual sales agreement with the Customer, the sales price charged to the Customer will be the one indicated in the Purchase Order and confirmed in the Acceptance.
4. Sthart S.r.l. accepts payments made through the Paypal system and through any credit cards operated by the same system without the need to register.
1. The delivery of the Products purchased by the Customer will be carried out ONLY in Italy and in the Countries of Residence (see Art.2.1.3 above) and ONLY at the delivery address indicated by the Customer in the Purchase Order. For security reasons, this address cannot consist of a PO box or a mail stop, even if it is located in one of the aforementioned countries.
2. Indicating an address that does not comply with the provisions of the previous point will be automatically precluded by the Website, which will not allow the completion of the process mentioned in Article 3.1.
3. The costs of delivery of the Products (see below item 6 of this Article) are charged to Sthart S.r.l., any other additional cost are charged to the customer. Possible amount will be clearly indicated in Euro and inclusive of VAT, if required by the relevant legislation, on the form "Your Order", the Purchase Order, and related Acceptance.
4. The delivery terms are those indicated in the Purchase Order and, unless otherwise agreed by the Customer, are always considered non-essential by the Customer. In the event of the omission of the delivery time, pursuant to Article 54 of the Consumer Code, it will in any case take place within 30 days from the day following the Acceptance.
5. At the time of shipment, i.e. delivery of the Products to the Carrier (as defined in the paragraph below), an email confirming the shipment containing the tracking number will be sent to the Customer in order to allow the customer to monitor the shipment status.
6. Deliveries made by Sthart S.r.l. will be performed: in Italy, by BRT SPA; in the other countries of residence by DHL EXPRESS (both individually defined as "Carriers"). These deliveries will take place from Monday to Friday during normal office hours, excluding national holidays.
7. For the purposes of Sthart S.r.l.'s compliance with the delivery date, the time at which the Product is made available to the Customer is deemed relevant (for example, it reaches the delivery address indicated in the Purchase Order).
8. The Customer acknowledges that the withdrawal of the Product is their specific obligation deriving from the purchase agreement. In case of non-delivery due to the absence of the recipient, the Carrier will make a second delivery attempt and, in case of a further failure to deliver, it will leave a notice for the Customer with the necessary indications to claim it.
9. In the event that the purchased Product is not delivered within the term agreed upon in the Purchase Order, or within the deadline of 30 days mentioned in paragraph 4 above, the Customer shall ask Sthart S.r.l., without prejudice to the essential agreed term according to paragraph 4 above, to make the delivery within an additional period appropriate to the circumstances (e.g. for deliveries in Italy, islands excluded, not earlier than 2 days from the term agreed by the parties and for deliveries to the countries of residence not earlier than 4 days from the term agreed by the parties) by contacting Customer Care mentioned in Article 12 below.
10. Except in cases of delays due to unforeseeable circumstances, force majeure, or circumstances caused by of the customer, if Sthart S.r.l. does not respect the delivery time indicated in the Purchase Order, if agreed as essential, or the additional term, the Customer has the right to terminate the agreement. In this case, any amount already paid will be refunded by Sthart S.r.l. without undue delay and in any case, by way of illustration, not before 15 days from the date of receipt of the termination notice.
1. At the time of delivery, the Customer must check that the quantity of the products corresponds to what indicated in the shipping document and that the packaging of the Products is intact, not damaged, wet, or otherwise altered. Any anomaly (by way of example, tampering or damage to the package, damaged products, missing items, etc.) must be immediately notified in writing on the carrier's confirmation of delivery.ù
2. Sthart S.r.l. is liable toward the Customer, according to Articles 128-135 of the Consumer Code ("Legal Warranty") for Product defects existing at the time of delivery or which occur within two years of such delivery. These defects must be reported by the Customer to Sthart S.r.l., under penalty of expiration, within two months from the date on which they are discovered.
3. To this end, the Customer must contact the Customer Care via email or fax, which will promptly give a reply. The Product with defects according to the Customer must be sent to Sthart S.r.l., which will check whether the defect exists or not. Sthart S.r.l. reserves the right to ask the Customer to send the Acceptance form, the shipping document, or any other document confirming the date of purchase. With this goal in mind, the Customer is advised to keep this documentation carefully.
4. If Sthart S.r.l. confirms the validity of the claim, the Customer is entitled to:
- a) the free repair or replacement of the product;
- b) the termination of the agreement and the corresponding refund in the event that the repair or replacement is impossible or too expensive, or the repair or replacement has not been carried out under reasonable terms, or the repair or replacement previously carried out have caused significant inconveniences to the Customer.
5. Any defects, failures, or malfunctions of the Product, due to fortuitous events or the responsibility of the Customer, or due to Product use that does not conform to its intended use or as provided for in the specifications (e.g. type of material used) attached to the Product are considered excluded from the scope of the Legal Warranty.
1. The Customer has the right to withdraw from the purchase agreement, without any penalty and without specifying the reason, within a period of 14 (fourteen) days starting from the day on which the Customer or a third party designated by them (other than the carrier) obtains the Products ordered ("Withdrawal Period"). In case of multiple Products ordered by the Customer through a single Purchase Order and delivered separately, the Withdrawal Period runs from the day on which the Customer or a third party designated by them (other than the courier) obtains the last Product.
2. To exercise the right of withdrawal, the Customer must inform Sthart S.r.l. of their decision to withdraw, by means of an explicit notice (for example a letter sent by post, fax, or email) to be sent, according to the means used, to the following addresses: Sthart S.r.l. Calzaturificio SpA, Customer Care Janet & Janet, Via A. Merloni 20, 60030 Serra de’ Conti (AN) Italy; by fax to 0731-870927, via email at email@example.com. The notice must in any case specify the order number and, in the event that the order refers to several products, the Product for which the Customer intends to exercise the right of withdrawal.
3. To comply with the withdrawal deadline, it is sufficient that the Customer sends the communication before the expiry of the Withdrawal Period.
Effects of Withdrawal
4. If the Customer withdraws from the purchase agreement, all payments made to Sthart S.r.l. will be refunded (with the exception of additional costs resulting from their choice of a different type of delivery from that offered by Sthart S.r.l. ), without undue delay and in any case no later than 14 (fourteen) days from when Sthart S.r.l. was informed of the Customer's decision to withdraw from the purchase agreement. These refunds will be made using the same means of payment used by the Customer for the initial transaction (i.e. via payment to a Paypal account or credit card accepted by the Paypal system) at no cost to the Customer as a consequence of such refund.
5. The refund mentioned in the previous paragraph is suspended by until the Products have been received.
6. In the event of a withdrawal, the Customer must return the Products or deliver them directly to Sthart S.r.l. Calzaturificio SpA, Customer Care Janet & Janet, Via A. Merloni 20, 60030 Serra de’ Conti (AN), Italy, without undue delay and in any case 14 (fourteen) days from the day on which they communicated their withdrawal from the purchase agreement (Return Period). The deadline is met if the Customer sends back or delivers the products directly before the expiration of the Return Period.
7. The direct costs of the return will be charged to Sthart S.r.l. ONLY IF the Customer makes the return using the reference Carrier indicated in Art. 7.6 (i.e. BRT SPA, for Customers residing in Italy; DHL EXPRESS, for Customers residing in the other Residence Countries mentioned in Article 2.1.3), according to the selected delivery address. Otherwise, if the Customer makes the return using means other than the previous (i.e. send the purchased product by express parcel post or through a shipping company or carriers who are not the Carrier of their country of reference), the direct costs of returning the Products mentioned in the previous paragraph will be charged to the Customer.
8. The Product must be returned appropriately protected in the original packaging. From the day of receipt until the expiry of the Withdrawal Period, the Product must therefore be kept with normal diligence and, in the event of withdrawal, returned intact, complete in its entirety, with all accessories, leaflets, and warranty seals applied to the Product, as well as with the identification tags and labels, if any, all of them in any case intact and not tampered with, as well as suitable for use to which it is intended and free from any signs of wear or dirt.
9. The Customer is only responsible for the decrease in the value of the Products resulting from a handling of the Product other than that necessary to establish the nature, characteristics, and functioning of the Products.
10. In the event that the withdrawal has not been exercised in accordance with the provisions of applicable law, the withdrawal will NOT be considered valid and consequently, it will NOT grant the right to a refund. In this case, Sthart S.r.l. will inform the Customer in good time. If already returned to Sthart S.r.l., the Product will remain at Sthart S.r.l. available to the Customer for collection, which must be at the expense and under the responsibility of the Customer.
1. The "Janet & Janet"brand and all the figurative and non-figurative trademarks, and more generally all the other trademarks, distinctive signs, illustrations, images, and logos on the Products, related accessories and packaging, whether registered or not, is and remains the exclusive property of Sthart S.r.l.. Reproduction in whole or in part, modification or use of the aforementioned trademarks, distinctive signs, illustrations, images and logos, for any reason and on any medium, without the prior express agreement of Sthart S.r.l., is prohibited.
2. Any combination between the aforementioned trademarks and other trademarks, symbols, logos and, more generally, any distinctive sign suitable for creating a composite logo is also prohibited.
3. It is also absolutely prohibited to reproduce, in whole or in part, the modification or use of designs, models, and patents, which are the exclusive property of Sthart S.r.l..
1. For any claim (for example, but not exhaustively, for delivery delays, defects, etc.), request for assistance or information regarding the Website, its operation, the Products, the purchase process and, more generally, all of this regarding the content of the General Terms, the Customer may contact Customer Care:
- via email at firstname.lastname@example.org;
- by fax to the number +39 0731 712420;
- by registered mail or courier to Sthart S.r.l., Janet & Janet Customer Care, Via Garibaldi, 56 60030 Serra de' Conti (AN), Italy
1. Sthart S.r.l. reserves the right to modify and/or supplement the General Conditions at any time and without notice. These amendments and/or additions will be considered effective starting from the moment of publication on the Website in the "General Terms" section. The General Terms accepted by the Customer in the respective Purchase Order will be applied to the individual sales agreements.
1. The General Terms and the purchase agreements covered by it are governed by Italian law, including but not limited to the Consumer Code and Italian legislation on electronic commerce (Legislative Decree2003/70), both derived from the implementation of the directives of the European Union on the subject, without prejudice to the relevant provisions set forth by mandatory regulations in force in the country where the Customer resides.
2. For any dispute concerning the application, execution, and interpretation of the General Terms and the purchase agreement, the Judge of the place of residence or domicile of the Customer is competent in this regard or, at their choice and in case of action taken by them, the Court of Ancona.