These General Terms and Conditions of Sale (hereinafter referred to as the “Terms and Conditions”) apply exclusively to products and services directly marketed and sold by Mrs. Tamu Nailah McPherson (VAT no. 01332620119, Via XX Settembre no. 32, 19100 La Spezia) (hereinafter referred to as the “Seller”), through the shoeupforjustice.com website (hereinafter the “Website”).
ShoeUpforJustice is an online e-commerce platform provided by WooCommerce. All content belongs to ShoeUpforJustice, unless otherwise stated. ShoeUpforJustice does not own, or claim to own, the rights to any other brands presented on the Website.
- GENERAL PROVISIONS
1.1. The Website aims at the selling of second hand shoes, owned by Mrs. Tamu Nailah McPherson (hereinafter referred to as the “Products” or “Product”), with the aim of donating all profits to the non-profit organization “Fair Fight”, (https://fairfight.com/), and other charitable organizations.
1.2. To the purposes of the present Terms and Conditions, “Consumer” or “Consumers” shall mean any Customer who uses the Website for purposes which are outside his/her trade, business, craft or profession.
1.3. The provisions of these Terms and Conditions shall apply to all Customers, without exception, save for those provisions related only to Consumers.
1.4. These Terms and Conditions exclusively regulate the submission of order requests by Customers for Products available on the Website and the acceptance of those orders by the Seller.
- CONTACT INFORMATION
2.1. Customers may at any time and in relation to any queries concerning the Products, contact the Seller at following address: Tamu Nailah McPherson, Via XX Settembre no. 32, 19100 La Spezia, email: email@example.com.
- PURCHASES ON THE WEBSITE
3.3. The successful receipt of the Customer’s order request shall be acknowledged by the Seller via email to the Customer and only confirms the successful receipt of the request.
3.4. The sale and purchase contract is considered concluded when the Customer receives the order confirmation via email (hereinafter referred to as the “Confirmation Email”). The Confirmation Email shall represent the acceptance of the order request by the Seller.
3.5. The Confirmation Email shall always contain details concerning the Product purchased, its price, including delivery costs, the payment method, the order number, the delivery address, the information concerning the delivery of the Product and the present Terms and Conditions.
3.6. Once the Confirmation Email has been received, the order may no longer be modified. However, Consumers have the possibility to exercise the right of withdrawal, in accordance with the procedures set forth in clause no. 8 below.
4.1. Due to the vintage and/or second-hand nature of the Products available on the Website, Products may show signs of wear. Customers are thus urged to carefully read all the descriptions of the Products.
4.2. In case the quality of any item does not meet the Consumers’ expectations, Consumers may return Products in accordance with the procedures provided for under clause no. 8.
4.3. The Seller does not warrant that the quality of any Products will meet the Customers’ expectations. If Customers have any questions or concerns regarding a specific Product, Customers are always welcome to ask for more information contacting the Seller at the email address and telephone number provided for under clause no. 2. It is the Customers’ responsibility to make sure they have sufficient information about the Products before purchasing.
- PRODUCT PRICES
5.1. The Website shows, for each Product selected, an image of the Product, the unit price, the colour and the size. The images are for illustrative purposes only, therefore the Products may appear different in reality to how they appear in the images on the Website. The Seller may not, therefore, be held responsible for any inadequate images provided on the Website.
5.2. Prices for the Products may be subject to change without notice.
5.3. Unless otherwise specified, all Product prices and any shipping and delivery costs indicated on the Website and in the order are expressed in Euro. It is the responsibility of the Customer to ascertain the final sales price before proceeding with the order request.
5.4. All Products are shipped from Italy. The Product prices, as well as the shipping and delivery costs, indicated on the Website and in the order are, unless otherwise specified, to be considered exclusive of any costs associated with any customs duties or relevant taxes, which cannot be calculated in advance, where Products are shipped to non-EU countries or countries in which the legislation in force imposes import taxes.
6.1. Payments for Products and their shipping and delivery costs may be made via Stripe.
The Seller accepts the following credit cards: Visa, Mastercard, American Express via Stripe.
The actual charge of the order amount will only occur once the order is complete and ready for shipment.
- PRODUCT SHIPPING AND DELIVERY
7.1. Products shall be delivered on working days to the address provided by the Customer, via a courier chosen by the Seller. The Customer will receive an e-mail confirming that the Products have been shipped by the Seller.
7.2. The Seller shall not be liable for any unforeseen delivery delays and/or delays that are exclusively attributable to the courier.
- RIGHT OF WITHDRAWAL
8.1. If the Customer entering into the contract is a Consumer, he/she shall be entitled to withdraw from the contract without paying any penalty or specifying the reason, within fourteen (14) calendar days commencing from the day of receipt of the Product(s) ordered (the “Withdrawal Period”).
8.2. In order to comply with the above-mentioned clause no. 8.1, it is sufficient that the Consumer sends the communication concerning the exercise of the right of withdrawal before the expiry of the Withdrawal Period.
8.3. In order to exercise the right of withdrawal, Consumers shall inform the Seller via the email address provided for under clause no. 2, providing a clear statement of their decision to exercise their right of withdrawal. To these purposes, Consumers may use the form provided hereunder (Annex I).
8.4. The Seller shall send the Consumer an email confirming receipt of their intention to withdraw.
8.5. The Product(s) to be returned must be sent to the Seller within fourteen (14) calendar days from the date on which the Seller was notified of the Consumer’s withdrawal, to the address provided for under clause no. 2. All return costs shall be borne by the Consumer.
8.6. Each Product must be returned in the same conditions in which the Product was sold and delivered to the Consumer, with the original packaging or, in any case, with packaging suitable for transportation. In the event of depreciation of the Product, resulting from handling other than that which is strictly necessary to establish the nature, characteristics and size of the Product, the Seller reserves the right to refuse to offer a full refund for the Product.
8.7. All amounts paid, included delivery costs, shall be refunded, in the same currency in which the original purchase was made within fourteen (14) days of the date on which the Seller was notified of the Consumer’s withdrawal. Such refund shall be issued by the Seller using the same payment method used by the Consumer for the initial purchase.
- LEGAL WARRANTY
9.1. The Products sold through this Website are covered by the mandatory legal warranty provided for by law, to cover any lack of conformity existing at the time of delivery of the Products. The legal warranty covers any lack of conformity of the Products that may occur, for Consumers, within 1 (one) year from the date of delivery, in any case provided that the lack of conformity is reported to the Seller within two months of its discovery. Consumers who deem that one or more of the Products purchased have a conformity defect shall contact the Seller via the email address provided for under clause no. 2.
9.2. The general provisions on warranty for defects set forth by Articles 1490 et seq. Civil Code shall apply to Customers who are not Consumers.
9.3. Pursuant to the applicable legislation, lack of conformity exists if the Product purchased:
i. does not comply with the description provided and does not possess the qualities presented on this Website;
ii. is not suitable for the use for which the Products are normally intended;
iii. does not have the qualities and characteristics of a Product of the same type and which can reasonably be reasonably expected, taking into account the nature of the goods and, where applicable, the specific characteristics presented.
9.4. To the extent permitted by law, the Seller excludes all additional warranties, except those that cannot be legitimately excluded in respect of Consumers.
9.5. In the event of a lack of conformity, Consumers are entitled – according to Article 130 of the Italian Consumer Code and within the limits provided thereof – to have the conformity of the goods restored, at no costs, or to a price reduction or to the termination of the contract.
- REFUSAL TO PROCESS AN ORDER
10.1. The Seller reserves the right to remove any Product from the Website at any time and/or delete or edit any material or content on the Website.
10.2. There may be exceptional circumstances which require the Seller to refuse to process orders after the Confirmation Email has been sent.
10.3. The Seller accepts no liability in relation to Customers or to any third party for the removal of any Product from the Website, for the deletion or modification of any material or content of on the website, or for failure to process the order after having sent Confirmation Email.
- THIRD PARTY LINKS
11.1. Certain content, Products and services available via the Website may include materials from third parties.
11.2. Third-party links on the Website may direct Customers to third-party websites that are not affiliated with the Website. The Seller is not responsible for examining or evaluating the content or accuracy of those websites and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
11.3. The Seller is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Customers shall review carefully the third party’s policies before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
- LIMITATION OF LIABILITY
13.1. The Seller does not guarantee, represent or warrant that the Customers’ use of the services provided via the Website will be uninterrupted, timely, secure or error-free, nor that all information provided via the Website will be complete, accurate and error-free.
13.2. Unless otherwise provided for in these Terms and Conditions, the Seller’s liability in respect of the Products purchased on the Website shall be limited exclusively to the purchase price of the Product in question.
13.3. To the extent permitted by applicable law, the Seller will not accept any liability for consequential damages such as, by way of example only, loss of profit, loss of business volume and loss of data.
13.4. Notwithstanding the foregoing, the Seller’s liability shall not be excluded or limited in the following cases:
i. death or personal injury resulting from our negligence;
ii. cases of fraud or fraudulent activity; or
iii. any circumstances where it would be illegal or unlawful to exclude, limit or attempt to limit or exclude the Seller’s liability.
13.5. These provisions do not limit in any way the rights granted to Consumers by the legislation in force.
- APPLICABLE LEGISLATION, DISPUTE RESOLUTION AND COMPETENT COURT
14.1. These Terms and Conditions are governed by and construed in accordance with the laws of Italy.
14.2. For Consumers, all disputes arising from the interpretation, validity and/or execution of these Terms and Conditions shall be deferred to the jurisdiction of the Court for the Consumers’ residence or domicile, or, at their discretion, the Court of Milan.
14.3. For Customers who are not identified as Consumers, all disputes arising from the interpretation, validity and/or execution of these Terms and Conditions shall be exclusively deferred to the jurisdiction of the Court of Milan.
14.4. If a Consumer, feels that his/her rights have been infringed, he/she may address complaints via the email address provided under clause no. 2, in order to request an out-of-court settlement of the disputes. To this end, and in accordance with EU Regulation no. 524/2013, all Consumers are informed of their right to request an out-of-court settlement of disputes relating to orders placed through this Website via the European ODR (Online Dispute Resolution) platform http://ec.europa.eu/consumers/odr made available by the European Commission for the out-of-court settlement of disputes arising from contracts for goods and services concluded online between consumers and professionals.
15.1. In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall be deemed to be severed from these Terms and Conditions and such determination shall not affect the validity and enforceability of any other remaining provisions.
- AMENDMENTS AND UPDATES
The Seller reserves the right to amend these Terms and Conditions at any time. Customers are only requested to accept the Terms and Conditions in effect at the time of their purchase. The new Terms and Conditions shall be effective from the date they are published on the Website and shall only apply to orders made subsequent to that date.