These terms and conditions govern the sales of products on the cavallini.shop Site and regulate their use. The Seller reserves the right to periodically modify these Terms and Conditions of sale and the Privacy Policy, for example following changes in legislation or regulations or in the functions of the Site. The aforementioned changes will be made known to Users via the Site with a specific notice and for a period of 10 (ten) days from the date of the change. The online sale of products on the Site is governed by the provisions of the Consumer Code Legislative Decree no. 206/2005 and the Electronic Commerce Code Legislative Decree no. 70/2003. Below are the Terms and Conditions of sale applicable to any Product sold on the Site.

Art. 1 Definitions

For the purposes of this contract, the following definitions apply:

Seller: Calzaturificio Ambra Cavallini SRL, Via Marconi 2, 56020 Ponticelli – Santa Maria a Monte (PISA) – VAT number: 00113150502 email: info@cavallini.shop

Terms and conditions or Contract: the set of these contractual clauses that determine and define the relationships between the Seller and the Customer.

Platform or Site: the cavallini.shop Site

Users: any person who accesses the Site and continues to browse it

Customer: any person who purchases the products sold through the Site.

Consumer: the natural person who acts for purposes other than professional or entrepreneurial activity.

Products: retail sale, under the Electronic Commerce regime, mainly of handcrafted shoes and accessories.

Purchase Order or Order: the purchase proposal made by the User through the procedures of the Site and in particular through the Cart.

Purchase: the onerous purchase of the above products from the day of the conclusion of the purchase.

Cart: the phase of the purchase procedure in which the User formulates his/her purchase proposal, selecting the payment methods, delivery of the goods and the like.

Electronic Commerce: a particular form of commerce, regulated in Italy by the Consumer Code and the Electronic Commerce Decree, whereby the two contracting parties conclude the contract at a distance thanks to the services of the information society without their physical and simultaneous presence. Given the distance, the delivery of the products is not simultaneous and usually occurs through shipping via third-party operators (couriers/shippers).

Art. 2 Object

These Terms and Conditions of Sale concern the products referred to in the following art. 3 and are valid between the Seller and any User who makes, as a Consumer pursuant to the regulations in force, a purchase on the Site. If one of the conditions is found to be void or ineffective, any voidness or ineffectiveness does not extend to the remaining clauses of these terms and conditions.

Art. 3 Description of products

The Site deals with retail sales, under the Electronic Commerce regime, mainly of handcrafted leather shoes and accessories. All the products offered are described and illustrated within the Site, in the respective sections. The images of the Products on the Site are for demonstration and illustrative purposes and are represented in the best possible way. However, some errors, inaccuracies or small differences between the graphic/photographic representation of the Product and the actual Product may arise. The photographs of the Products presented on the Site do not therefore constitute a contractual element, as they are merely and symbolically representative of the Product sold. Given this particular sales method, the User is advised that any discrepancies between the representations of the Products on the Site and the Products actually delivered are disputable only if significant.

Art. 4 Prices and additional costs

The prices of the Products are shown in euros. The prices of the online store may be subject to variations. In such cases, the prices published at the time of the Order on the online store are considered.

Art. 5 Purchase procedure and conclusion of sale

The User may purchase all the Products offered for sale on the Site, as described in the relevant information sheets, following the purchase procedures provided on the Site itself. When purchasing the Products, the Customer must follow all the instructions contained in the appropriate page of the Site. To purchase the Products, the Customer must complete and send the Purchase Order form in electronic format to the Seller, following all the instructions contained in the appropriate page of the Site. You will find a summary of the main commercial conditions, including the price, payment methods and delivery methods, as well as information on the main characteristics of the Products ordered and a reference to the Terms and Conditions. The Customer must place the Product he wishes to purchase in the appropriate “Cart” and, after having read the Terms and Conditions, with particular reference to the contribution for delivery costs, the methods of exercising the right of withdrawal, and the Privacy Policy, must select the desired payment method and proceed with the payment. The applicable Terms and Conditions are those in force at the time of the Order and available on the Site. The contract stipulated between the Seller and the Customer must be considered concluded with the acceptance of the Order by the Seller. The acceptance of the Order will be communicated by the Seller to the Customer by means of an email, sent to the email address communicated during the placing of the Order. The Seller reserves the right to evaluate the acceptance of the orders received and may refuse or in any case not process purchase orders that are incomplete or incorrect, or in the event of unavailability of the Products or that involve the delivery of the Products ordered in some disadvantaged geographical areas. The Seller will communicate to the Customer any impossibility of accepting the orders received in the shortest possible time starting from the moment in which the Customer has transmitted the Order and will refund any sums already paid by the Customer for the payment of the Products. Any right of the Customer to compensation for damages or indemnity is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or things, caused by the non-acceptance, even partial, of an Order by the Seller.

Art. 6 Payment methods

The payment methods available on the Site are the following:

1) Payment by Bank Transfer

In this case, the Order is considered completed when the Seller receives the actual credit on its bank account, which must occur within 2/3 working days of its execution. After this deadline, the Order will be automatically considered cancelled. The shipment of the ordered goods will only take place when the amount due is actually credited to the Seller’s current account.
The reason, name and surname of the Customer and the order number must be indicated in the Bank Transfer. The operation can be carried out using the bank details that will be sent by email by the Seller.

2) Stripe

The Customer can pay for his/her Order through the Stripe platform that allows to make and receive payments with rechargeable cards or credit cards belonging to the Visa or MasterCard circuit.

3) PayPal

If the Customer chooses to pay through the PayPal platform, at the time of payment his/her browser will be directed to a secure server page with SSL encryption by entering his/her username and password or creating a new account easily and immediately. PayPal protects the buyer’s information as no financial information is passed. For each transaction carried out with this method, a confirmation email will be sent by PayPal. The amount of the order is charged to the PayPal account at the time of acquisition of the order. In case of cancellation, the amount is refunded to the Customer’s PayPal account.

4) Scalapay

If you buy with Scalapay you receive your order immediately and pay in 3 installments. You acknowledge that the installments will be assigned to Incremento
SPV S.r.l., related parties and their assignees, and that you authorize such assignment.

Art. 7 Product shipping and delivery times

The Seller will ship the Products by carriers, with express service from Monday to Friday, excluding holidays and national holidays. Delivery times are 24/48 hours. For some products that are not available and that must be made, shipping may take place no earlier than twelve working days from the start of production, always with the timing indicated above. The delivery times indicated above are purely indicative and not essential. Any variation to the above will be communicated promptly by email to the Customer. The cost of shipping in Italy is free. Upon receipt of the goods, the Customer must check that the packaging is intact and clean and that the Products received correspond to what was purchased. In the event that a product arrives that has been damaged during transport or is different from the one ordered, the Customer must accept the package with reservation and carefully document with a photograph the phases of unpacking the goods, in order to be able to demonstrate any damage. The Customer may request the Seller via email or telephone or via live chat for a replacement and the Seller will return the correct product and collect the product to be replaced from the Customer’s home at his/her expense. The Customer will only have to prepare the goods for collection carefully packaged and complete with all their parts, including transport documents. In any case, the Seller will contact the Customer as soon as possible to be informed about the replacement times of the product.

Art. 8 Right of withdrawal

All purchases made by the Consumer Customer on the Site are covered by the guarantee of the right of withdrawal, which gives the possibility to return, for any reason, the purchased product and to obtain a refund of the expense incurred within 14 days.

To exercise this right within 14 working days from the date of delivery of the goods, it is sufficient to communicate to the Seller that you wish to withdraw in whole or in part from the purchase by means of any explicit declaration to this effect (for example by registered letter with return receipt, by e-mail, by Whatsapp). Within the same period, the Customer must arrange, after having agreed a day for collection of the goods with the Seller or by delivering the packaged goods to the courier indicated by the Seller, the shipment of the goods reinserted in their original packaging, intact and in perfect condition complete with all its parts, including any gifts sent by the Seller, and carefully packaged at the Seller’s headquarters. The package must include all the documents received. Cash on delivery packages will not be accepted.

No costs are required for returning the product. The costs related to the return of the product will be covered by the Seller only up to a number of 3 attempts to collect the goods by the courier from the Customer’s home. The times of passage of the courier are not managed by the Seller and are not the responsibility of the Seller.
Upon receipt of the goods, once the integrity of the returned Product has been verified, within and no later than 14 days, the Seller will refund the cost of the goods shipped. The refund will be made with the same methods of payment. The risks of transport for the return of the Products are entirely borne by the Customer. Without prejudice to the above, it is finally recalled that the Customer is responsible for the decrease in the value of the Products resulting from handling of the goods other than that necessary to establish their nature, characteristics and functioning.

The Customer acknowledges and expressly accepts that:

– the right of withdrawal does not apply to products received more than 15 working days ago (in this case the return of the goods will be refused).

– the right of withdrawal cannot be exercised if the purchased products have been used and if they are not suitable for return for reasons of hygiene or related to health protection.

Art. 9 Size and model change

Within 14 days from the delivery date, the Customer may request the replacement of the purchased items with items of the same model, with a different size or color, if available, or with different items, if available. If the value of the new model is greater than the returned model, the Customer must pay the difference to the Seller (for example by bank transfer, credit card, Paypal or cash on delivery). If the value of the new model is lower than the returned model, the Seller must reimburse the Customer for the difference (for example by bank transfer, credit card, Paypal or cash on delivery), or issue a credit, via a discount voucher for the value of the difference, to be used on future purchases on www.cavallini.shop.

To exercise the size or model change within 14 working days from the date of delivery of the goods, it is sufficient to communicate to the Seller that you wish to replace all or part of the purchase by means of any explicit declaration to this effect (for example by registered mail, by e-mail, by Whatsapp). Within the same period, the Customer must arrange, after having agreed a day for collection of the goods with the Seller or by delivering the packaged goods to the courier indicated by the Seller, the shipment of the goods reinserted in their original packaging, intact and in perfect condition complete with all its parts, including any gifts sent by the Seller, and carefully packaged to the Seller’s headquarters. The package must include all the documents received. Cash on delivery packages will not be accepted.

No costs are required for returning the product and shipping the replaced product. The costs for replacing the product will be covered by the Seller only up to a number of 3 delivery attempts by the courier to the Customer’s home. The times of passage of the courier are not managed by the Seller and are not the Seller’s responsibility.
Upon receipt of the goods, once the integrity of the returned Product has been verified, within and no later than 14 days, the Seller will arrange for the shipment of the new product chosen by the Customer. The risks of transport for the return of the Products are entirely borne by the Customer. Except as above, it is finally remembered that the Customer is re

responsible for the decrease in value of the Products resulting from the handling of the goods other than that necessary to establish their nature, characteristics and functioning.

In the event that the product received as a replacement by the Customer does not again conform to the Customer’s expectations, the Seller will assume the shipping costs with the same methods as above. From the moment of receiving the order, the Seller includes the shipping costs for a maximum of 2 changes, after which the shipping costs for subsequent size or model changes will be borne by the Customer.

The Customer acknowledges and expressly accepts that:

– the right to change size and model does not apply to products received more than 15 working days ago (in this case the return of the goods will be refused).

– the right to change size and model cannot be exercised if the purchased products have been used and if they are not suitable for return for reasons of hygiene or related to health protection.

Art. 10 Legal guarantee

The Consumer Customer has the right to a 24-month legal guarantee pursuant to Legislative Decree 206/2005 and subsequent amendments. In the event of receipt of Products that do not comply with the orders or are defective, the Customer must notify the Seller by email, attaching any photographs and details. In order to benefit from the guarantee, it is necessary to show the purchase documents.

In the event of a lack of conformity of the goods, the consumer has the right:

– to restore conformity,

– or to a proportional reduction in the price,

– or to terminate the contract.

For the purposes of restoring conformity of the goods, the consumer can choose between repair and replacement, provided that the chosen remedy is not impossible or excessively onerous for the seller taking into account:

– the value of the goods in the absence of the defect,

– the extent of the defect,

– the possibility of experiencing the alternative remedy without inconvenience for the consumer.

The consumer is entitled to a proportional reduction in the price or to terminate the contract:

– if the seller has not repaired or replaced the goods,

– if a lack of conformity appears despite the attempt to restore the goods,

– if the lack of conformity is so serious as to justify a reduction in the price or termination,

– if the seller has declared or it appears from the circumstances that he will not proceed to restore the conformity within a reasonable time.

The consumer is not entitled to terminate the contract if the lack of conformity is minor and it is up to the seller to prove it.

The consumer is entitled to a reduction in the price proportional to the decrease in value of the goods.

In the event of termination of the contract, this is exercised by means of a direct declaration to the seller. If the lack of conformity concerns only some of the goods delivered, the contract may be terminated in relation to those goods only. In the event of termination, the consumer:

– must return the goods to the seller at the seller’s expense,

– the seller reimburses the consumer for the price paid for the goods upon receipt of the goods or evidence provided by the consumer that the goods have been returned or shipped.

Art. 11 Force majeure

The Seller assumes no responsibility for disruptions attributable to force majeure that prevent, in whole or in part, the execution of the contract within the expected timeframe. The Seller is not liable to Customers for any damages, losses and costs incurred as a result of the failure or delay in execution of the contract, the Customer being only entitled to a refund of the price paid.
The Seller is not liable for damages resulting from disconnections, interruptions of the Site, as well as the loss of data that subsequently occurred and attributable to the same.

In the event of force majeure, the execution of the Order will be suspended. This suspension may last for a maximum period of 3 (three) months, after which the Order will be considered automatically cancelled.

Art. 12 Intellectual and industrial property

The Site (and its content and graphics), the trademark, the domain name, the related subdomains and all intellectual and industrial property rights relating to them, are the exclusive property of the Seller, are reserved to it and are not and will not be transferred or licensed in any case to the Customer. Therefore, the User or the Customer may not reproduce, duplicate, copy and redistribute, retransmit even on other websites, transfer or otherwise make available to third parties in any capacity or in any case use for purposes other than the conservation and/or consultation of the Sites and/or the Contents of the Site, without the prior express and formal approval of the Seller.

Art. 13 Failure to exercise a right

Failure to exercise a right by the Seller does not represent any waiver to take action against the Customer or against third parties for the violation of commitments undertaken. The Seller therefore reserves the right to assert its rights in any case, within the terms granted.

Art. 14 Processing of personal data (Privacy)

The Personal Data provided or acquired will be subject to Processing based on the principles of correctness, lawfulness, transparency and protection of confidentiality in accordance with current legislation. The Seller, as Data Controller, processes the Personal Data of Users by adopting appropriate security measures to prevent unauthorized access, disclosure, modification or destruction of Personal Data. Processing is carried out using IT and/or telematic tools, with organizational methods and logic strictly related to the purposes indicated. The User’s Data is collected for the execution of pre-contractual measures; to fulfill the obligations arising from the contract stipulated; for the registration procedure aimed at purchasing the Products; to follow up on specific requests addressed to the Data Controller by the User; for sending information and promotional and commercial offers also through the newsletter service based on the consent freely expressed by the User; for soft spam purposes for promotional communications concerning the Products purchased without the need for the express and prior consent of the User, as provided for by art. 130, paragraph 4, of the Privacy Code as amended by Legislative Decree no. 101 of 2018. The Customer is therefore invited to carefully read the information on the processing of personal data (Privacy Policy) provided pursuant to EU Regulation 679/2016, as well as on the use of cookies with the relative consent to processing where required (Cookie Policy).

Art. 15 Applicable law and competent court

These Terms and Conditions are entirely governed by Italian law. Any dispute that may arise in relation to the validity, interpretation, execution and resolution of the contracts stipulated online by the Consumer Customer with the Seller will be under the exclusive jurisdiction of the Court of the judge of the place of residence of the Consumer (so-called consumer court).

Art. 16 Dispute resolution

According to article 49 paragraph 1 letter V of Legislative Decree no. 206/2005 (Consumer Code) the Consumer Customer may avail of the Joint Conciliation procedure (ADR).

Pursuant to art. 14 of Regulation 524/2013, in the event of a dispute, the Consumer Customer may submit a complaint via the European Union ODR platform. For further information, contact the Seller.

Art. 17 Communications

For further information of any kind, you can contact the Seller at the following addresses: info@cavallini.shop

Pursuant to art. 1341 and 1342 of the Civil Code, the Customer declares to have carefully read and accept all the clauses of these Terms and Conditions of Sale and in particular those of articles 3, 5, 8, 9, 10 and 14.