– Terms and conditions –
The purchaser expressly declares the purchase is made for purposes unrelated to professional or commercial activities in which the purchaser may be potentially involved and declares to fully acknowledge and agree with the general terms and conditions of this contract.
The supplier’s identifying information:
Fera Libens S.r.l.
Viale Beatrice d’Este 1 – 20122 Milano – Italy
Tax/VAT code: 09162820964
Milan Chamber of Commerce
Paid-up share capital: €25.000
1. The purchaser
In the current contract, the expression purchaser or end customer is understood as the consumer, a natural person who makes a purchase, for purposes unrelated to professional or commercial activities in which the consumer may be potentially involved.
To place orders on our website www.feralibens.com the purchaser must be able to enter into legally binding contracts, be at least 18 years of age, have a valid e-mail address, be in possession of a valid credit card for payments (Visa, Mastercard, Maestro), or have access to other means of payment allowed by Gest Pay Banca Sella and indicated upon payment, or be in possession of a verified PayPal account.
2. Object of the contract
Under the present contract Fera Libens S.r.l. and the purchaser sell and acquire respectively, remotely, via telematic link, only the tangible, movable goods indicated on the website www.feralibens.com/calzature.
3. Contract agreement methods
The contract between Fera Libens S.r.l. and the purchaser comes into effect exclusively on line when the purchaser accessing www.feralibens.com and following the specified procedures, formalizes the contract for the purchase of goods indicated in point 2.
4. Conclusion and effectiveness of the contract
4.1. The purchase contract becomes effective with the exact compilation of the request form with the purchaser’s personal data, following visualization of a web-page containing details of the order, indicating the purchaser’s details and those of the order itself, the price of the item/goods acquired, the shipment cost and any other additional charges, payment methods, the address to which the goods will be delivered, the delivery times and the existence of the right of withdrawal.
4.2. On receiving the purchaser’s order Fera libens S.r.l. will send a printable confirmation e-mail, indicating all the details mentioned in the previous paragraph.
4.3. The contract is not considered to have been concluded and effective for both parties in the absence of any of the requirements set out in the previous point.
5. Methods of payment and refund procedures
5.1. Any payment made by the purchaser must be effected by one of the methods described on the relevant Fera Libens S.r.l. web page.
5.2. Any eventual refund to the customer will be credited using one of the modalities proposed by Fera Libens S.r.l., promptly and, in the event of the exercise of the right of withdrawal, as specified in point 13 of the present contract, within a maximum of 30 days from the date on which Fera Libens S.r.l. is informed of the aforesaid withdrawal.
5.3. All communications regarding payments take place on an appropriate Fera Libens S.r.l. encryption-protected system. Fera Libens S.r.l. guarantees the storage of the information with a further layer of security and encryption, in accordance with the provisions of the current legislation regarding the protection of personal data (for these measures Fera Libens S.r.l. avails itself of the services of suppliers of proven reliability).
6. Methods and times of delivery
6.1. Fera Libens S.r.l. will ship the selected and ordered goods in accordance with the modalities indicated on the website when the order is placed, and as confirmed in the e-mail, as specified above at point 4.2.
6.2. Orders are shipped via express courier within 72 hours of receipt of the order, after we checked the availability of the product and the validity of the payment. Orders placed during weekends and public holidays will be processed on the first working day following the date of the order. Estimated delivery times are usually 3-5 days for Italy and other EU countries; 5-7 days for all other countries. For any delays due to custom checks or to causes of force majeure beyond the company’s control, Fera Libens S.r.l. declines any responsibility. If Fera Libens S.r.l. is not able to carry out the shipment within the said periods, prompt notice will be given via e-mail to the purchaser.
6.3. All customers who place an order establish a trade relationship with Fera Libens S.r.l. and therefore undertake to accept delivery of their package. If the package is not delivered for reasons that can be ascribed to the customer (wrong address, prolonged absence of addressee, wrong telephone number etc…) or because the customer rejects the delivery, the shipping costs and eventual custom charges will be detracted from the refund owed to the customer.
7.1. All retail prices shown and indicated on the website www.feralibens.com, are expressed in euro and represent an offer to the public pursuant to paragraph 1336 of the Italian Civil Code.
7.2. Prices are inclusive of VAT (italian) and any other additional taxation, and are shown in Euros. Shipment costs, where relevant, although not included in the purchase price, have to be indicated and calculated during the purchase procedure prior to the placement of the order by the purchaser and must also be indicated in the order summary webpage.
7.3. The prices for each of the goods offered to the public are valid until the date indicated in the catalogue (where indicated).
7.4. Fera Libens S.r.l. reserves the right to change the prices of products at any time. However, these changes will not affect customers who have already placed an order prior to their introduction.
8. Availability of the products
Fera Libens S.r.l. guarantees, through its telematics system, that orders will be processed within the stated delivery times. For this purpose it indicates in real time on its electronic catalogue, the availability or non-availability of each product, and its delivery times.
9. Limitations of liability
9.1. Fera Libens S.r.l. declines any responsibility for disservices due to events of force majeure, in the event it is not possible to execute the order within the time laid down in the contract.
9.2. Fera Libens S.r.l. will not be held responsible to the purchaser, save for misconduct or gross negligence, for disservices and malfunctioning connected with the use of the Internet beyond the control of Fera Libens S.r.l. or its sub-suppliers.
9.3. Furthermore, Fera Libens S.r.l. will not be responsible for damage, losses and costs incurred by the purchaser as a result of failure to execute the contract for reasons not attributable to Fera Libens S.r.l., in which case the purchaser is only entitled to a full refund of the price paid and any accessory charges sustained.
9.4. When it can be demonstrated that all normal precautionary measures available and in keeping with due diligence have been taken, Fera Libens S.r.l. accepts no responsibility for any potential fraudulent or illegal use of credit cards, checks or other means of payment that may be made by a third party upon payment of the purchased goods.
9.5. In no case can the purchaser be held responsible for delays or errors during the payment, if proof can be provided that payment was made in accordance with the times and methods indicated by Fera Libens S.r.l.
9.6. Fera Libens S.r.l. further reserves the right to make corrections and modifications to the site, whenever it considers it necessary, without prior notice.
9.7. Fera Libens S.r.l. offers no guarantees that the information published is in any way in accordance with the laws within the jurisdiction of the customer’s country of residence.
9.8. Fera Libens S.r.l. guarantees that its site www.feralibens .com is protected in accordance with international Internet standards. If this site is used correctly, the user is protected against viruses or other malware.
10. Liability for damage, proof of damage, and refundable damage: the supplier’s obligations
10.1. Pursuant to paragraph 114 of the Consumer Code, Fera Libens S.r.l. shall be held responsible for damages caused by defects of the goods sold, if, within three months from the request, it fails to communicate to the damaged party the identity and address of the manufacturer or the person who supplied the item.
10.2. The above request on the part of the damaged party, has to be written and has to indicate the defective item, date and place of purchase, and has to contain an offer to view the product if it still exists.
10.3. Fera Libens S.r.l. shall not be held responsible for consequences deriving from a defective product, if the defect is due to product conformity, to a binding legal regulation or a compulsory provision, or where the state of scientific and technical knowledge at the time in which the manufacturer released the product did not allow for it to be considered defective.
10.4. No refund shall be owed if the damaged party was aware of the defect in the item and the danger to which it might give rise, and, not withstanding, deliberately exposed him/herself to it.
10.5. In any case, the injured party has to prove the existence of a defect in the product, actual damage, and a causal link between both.
10.6. The injured party may seek compensation for damage caused by death or personal injuries, or for damage deriving from loss or deterioration of items other than the defective product, as long as they are of a kind normally intended for private or personal use, and thus mainly used by the injured party.
10.7. Pursuant to paragraph 123 of the Consumer Code, damage to things will be refundable only when in excess of the amount of 387 euro.
11. Guarantees and assistance procedures
11.1. Fera Libens S.r.l. is responsible for any eventual lack of conformity that becomes apparent within two years from delivery of the goods.
11.2. For the purposes of this contract agreement, the consumer goods are to be judged in conformity with the contract if, where relevant, these circumstances coexist: a) the goods are fit for the purposes for which goods of the same type are normally used; b) the goods comply with the description given by the seller and possess the qualities which the seller has provided for the consumer as a sample or model; c) the goods provide the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect, given the nature of the goods and taking into account any public claims made about their specifications by the seller, producer or representative, particularly in advertising or labelling; d) the goods are fit for any particular purposes for which the consumer requires them, and which were made known to the seller at the time of the conclusion of the contract, and which the seller has also tacitly accepted.
11.3. The purchaser loses any right of claim in the event of a failure to report to the seller the lack in conformity within two months from the date in which the defect is discovered. A written complaint is not necessary if the seller has acknowledged the existence of the defect, or has concealed it.
11.4. In any case, unless proved otherwise, any lack of conformity that becomes apparent within six months of delivery will be presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or the nature of the conformity defect.
11.5. Alternatively, in the event of lack of conformity, the purchaser may request, without charge, following the conditions specified below, the repair or replacement of the purchased goods, a price reduction or the termination of the contract, unless the request is objectively impossible to satisfy and thus would be excessively expensive for Fera Libens S.r.l. in accordance with paragraph 130, section 4 of the Consumer Code.
11.6. The request must made be in writing, sent by registered letter with a return receipt or via certified e-mail to Fera Libens S.r.l., which will indicate its willingness to grant such a request, or the reasons for not granting it, within seven working-days from receipt of the request. In the same communication, if Fera Libens S.r.l. has decided to accept the purchaser’s request, Fera Libens S.r.l. must indicate the modalities of shipment and replacement of the goods, as well as the prescribed deadline for return or replacement of the said faulty goods.
11.7. If repair or replacement is impossible or excessively expensive, or Fera Libens S.r.l. has not replaced or repaired the goods within the deadline specified in the point above, or the replacement or repair carried out previously have caused significant inconvenience to the consumer, the consumer may choose between an appropriate reduction in the price or the rescission of the contract. The consumer, in this case, has to forward the request to Fera Libens S.r.l., which will indicate its intention to grant such a request, or any reasons that may prevent it from doing so, within seven working days from receipt of the request.
11.8. In the same communication, if Fera Libens S.r.l. has decided to accept the purchaser’s request, Fera Libens S.r.l. must indicate the proposed price reduction as well as the modalities for returning the defective goods. In this case, the consumer will be responsible for indicating how the refund of the amount previously paid to Fera Libens S.r.l. should be made.
12. Obligations of the purchaser
12.1. The purchaser undertakes to pay the price of the purchased goods in the time and manner agreed in the contract.
12.2. The purchaser undertakes, once the on-line purchase procedure has been concluded, to print or digitally save and store the present contract.
12.3. The information present in the contract has been moreover viewed and accepted by the purchaser who acknowledges this, inasmuch as this is compulsory prior to confirmation of the purchase.
13. Right of withdrawal
13.1. The purchaser has the right to withdraw from the existing contract without any penalty or specification of the reason thereof, within 14 working days from the receipt of the goods.
13.2. In the event Fera Libens S.r.l. has not fulfilled its obligations concerning information on the existence, procedures and times of the return of goods, or concerning the exercise of the right of withdrawal pursuant to paragrap 52 of the Consumer Code, the deadline for exercising the right of withdrawal is of 90 (ninety) days from the receipt of the goods.
13.3. In the event the purchaser decides to exercise the right of withdrawal, this decision must be communicated to the seller by registered letter with return receipt to the following address: Fera Libens S.r.l., Viale Beatrice d’Este, 1 – 20122 Milano, or by e-mail to firstname.lastname@example.org, provided these communications are confirmed by registered letter with return receipt to the address Viale Beatrice d’Este, 1 20122 Milano, within the following 48 hours or via certified e-mail to email@example.com. For the purpose of exercising the right of withdrawal, the communication may be validly replaced by the return of the goods purchased, providing this is done within the same deadlines. Proof for both parties will be the date of delivery to the post office or to the shipper.
13.4. Return of the goods should anyway take place within a maximum of 30 days from the date of their receipt. In all cases, to avail of the right to a full refund of the price paid, the goods must be returned whole and in their original packaging.
13.5. The only charges that may be made to the customer who exercises the right of withdrawal are the direct costs of returning the goods, unless Fera Libens S.r.l. accepts to cover the costs itself (see under the section regarding shipment costs, clearly stated in the products section at www.feralibens.com).
13.6. Fera Libens S.r.l. will refund the entire amount paid by the purchaser within 30 days from receipt of the request of withdrawal from the existing contract.
13.7. On receipt of the communication with which the purchaser communicates the intention to exercise right of withdrawal, both parties involved in the present contract are released from all reciprocal obligations, except when required in the points mentioned above in this paragraph.
14. Returned goods and instructions for returning goods
If for size, colour or design issues, the customer decides to return the delivered goods, this can be done by filling in the form supplied by Fera Libens S.r.l.. To request authorization to return goods the customer has to send a request to the following e-mail address: firstname.lastname@example.org. In the request the customer must specify the code numbers of the articles being returned and the preferred refund method: size change, store credit or refund. Once Fera Libens S.r.l. has received the request, it will send a written confirmation containing the return authorization number.
The customer can choose between two types of compensation:
-Size change: it is possible to change the size or the colour with another of the same article, if available. It is not possible to exchange the article for a different one. Only one free change of goods is possible for every authorized return.
– Refund: refunds will be made once returned goods have been received and checked.
For orders that have been paid for with a credit card, the refund will be made to the customer in approximately 10 days, and will appear on the customer’s next bank statement. The timing may vary slightly depending on which credit card circuit is being used. For orders that have been paid for using PayPal or bank transfer, the refunded sum will be paid back into the original account.
The goods authorized for return have to be sent back within 14 days of receiving the original order.
15. Grounds for termination
The obligations set forth in point 12.1., accepted by the purchaser, as well as the guarantee of the completion of the payment carried out by the means referred to in point 5.1., and also the exact fulfilment of the obligations assumed by Fera Libens S.r.l., described in point 6., are binding, and so express agreement. The breach of only one of the aforementioned obligations, unless determined by fortuitous circumstances or events of force majeure, will entail the rescission of the contract by law, in accordance with paragraph 1456 of the Italian Civil Code, with no need for a judicial pronouncement.
16. Protection of confidentiality and treatment of the purchaser’s personal details
16.1. Fera Libens S.r.l. will protect the privacy of its customers and guarantees that the treatment of personal details complies with the contents of the laws on privacy as indicated in legislative decree n.196, dated 30th June 2003.1
16.2. The personal and tax details acquired directly and/or from third parties by the Supplier, owner of the data use, will be collected and handled in a printed and computerised form, according to treatment modalities, with the aim of registering the order and providing the purchaser with the procedures for the execution of the contract and the necessary relevant correspondence, as well as that of fulfilling all possible legal obligations, and also of allowing for effective handing of business relations to the extent necessary to provide the best service requested by the customer (paragraph 24, section 1, sub-section. b, D.Lgs. n. 196/2003).2
16.3. Fera Libens S.r.l. undertakes to treat all the personal details and information provided by the purchaser with the utmost confidentiality and to not reveal them to any unauthorised persons, or to use them for reasons other than those for which they were originally collected, or to reveal them to third parties. The aforementioned data can be revealed only at the request of judicial authorities or other authorities empowered by law.
16.4. Personal data shall be communicated, following undersigning of an undertaking of confidentiality with regard to it, only to persons charged with performing the activities necessary for the execution of the contract and it shall be used exclusively for that purpose.
16.5. The purchaser enjoys the rights laid down in legislative decree n.196 dated 30th June 2003. And thus the right to obtain: a) updating, rectification or, if so desired, completion of data; b) erasure, anonymization or blocking of data that has been processed unlawfully, including data the storage of which is unnecessary for the purposes for which it has been collected or subsequently processed; c) certification to the effect that the operations as per letters a) and b), including their contents, have been made known to the parties to whom or to which the data was communicated or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate effort compared with the right that is to be protected. Moreover, on legitimate grounds, the purchaser has the right to object, in whole or in part, to the processing of personal data concerning him/herself, even though it may be relevant for the purposes of sending advertising materials, direct sales, or for market research or promotional literature.
16.6. The disclosure of personal data by the purchaser is a necessary condition for the proper and timely execution of this contract. Failing that, the purchaser’s order will not be held valid.
16.7. In any case, the data collected will be kept for a period of time that is necessary for the purposes for which it was collected or subsequently processed. The removal will be effected in a safe manner.
16.8. The owner, responsible for the collection and processing of the personal data, is Fera Libens S.r.l., to whom the purchaser can direct all requests by contacting the company headquarters.
16.9. All messages sent to the Fera Libens S.r.l. postal address (including electronic formats), such as requests, suggestions, ideas, information, materials, etc., shall not be considered confidential information or data, must not violate the rights of other parties and must contain valid and true information, and Fera Libens S.r.l. cannot be held responsible, in any case, for the content of said messages.
17. Contract storage
Pursuant to Paragraph 12 of Legislative Decree no. 70/2003, Fera Libens S.r.l. informs the purchaser that any communication sent is stored in digital and hard formats on the server/ premises of Fera Libens S.r.l., according to criteria of confidentiality and security.
18. Messages and complaints
Messages addressed to Fera Libens S.r.l. and any complaints will be considered valid only if sent to the following address: Viale Beatrice d’Este, 1 20122 Milano, or sent via e-mail to the following address: email@example.com. The purchaser shall indicate on the registration form the residence or domicile, telephone number or email address at which he/she wishes to receive the supplier’s replies.
19. Dispute resolution
19.1. All disputes arising from this contract will be referred to the Chamber of Commerce of Milan (Italy) and resolved in accordance with the Conciliation Rules adopted by the same.
19.2. Should either party intend to appeal to the ordinary judicial authority, the competent court is that of the country of residence or domicile of the consumer (pursuant to paragraph 33, section 33, sub-section of the code for consumer protection).
20. Online dispute resolution
20.1. The consumer resident in Europe must be aware that the European Commission has established an online platform for alternative dispute resolutions that provides for an out-of-court method to solve any dispute related to and stemming from online sale and service contracts. As a consequence, if you are a European consumer, you can use such platform for resolving any dispute stemming from the online contract entered into with the Owner. The platform is available at the following link: http://ec.europa.eu/consumers/odr/.
20.2. The Owner is available for any questions via the email address posted under the Supplier’s identifying information in this document.
21. Law and jurisdiction
21.1. This contract is regulated by Italian law.
21.2. Any matters not expressly provided for herein shall be governed by the provisions applicable to the relationships discussed in the present contract, particularly paragraph 5 of the Rome Convention, 1980.
21.3. Pursuant to paragraph 60 of the consumer code, the rules contained in chapter III, title III, part 1 of the consumer code are expressly invoked.
This agreement cancels and supersedes any agreements, understandings, negotiations, written or oral, made in advance by the parties and on the subject of this contract.
1. A general measure produced by the watchdog for personal data protection: Semplificazioni di taluni adempimenti in ambito pubblico rispetto a trattamenti per finalità amministrative e contabili (Simplification of some requirements concerning the treatment of public information for administrative and accounting purposes) 19 June, 2008, published in Gazzetta Ufficiale, 21 June, 2008, n. 152.
2. A general measure provided by the watchdog for personal data protection: Guida pratica di misure di semplificazioni per le piccole e medie imprese (A Practical guide to simplification measures for small to medium-sized companies), 24 May, 2007, published in the Gazzetta Ufficiale, 21 June, 2007, n. 142.