Grandini s.r.l.

For non EU countries except for Switzerland, Iceland and Norway

GENERAL CONDITIONS OF SALE

(december 2016)

1. Introduction
1.1 These general terms and conditions of sale (hereinafter, “General Terms and Conditions”) apply to the sale of products through the website www.grandinishoes.it (hereinafter, the Website).
1.2 The seller of the products and the owner of the Website is: Grandini S.r.l., with registered office in Via Settembrini 29, 20124 Milano (Italy), tax code / VAT number 09593510960, REA: MI-2100637, e-mail: info[at]grandinishoes.it (hereinafter, “Grandini”).
1.3 The customer who uses this Website to purchase products or services (hereinafter, “Customer”) before sending the order shall carefully read these General Terms and Conditions which will be accessible at any time by the same Customer, also through the link included in the confirmation email of each order to enable their reproduction and storing.
1.4 The agreement entered into with Grandini through the Website is governed by these General Terms and Conditions. Possible aspects which are not covered by these General Terms and Conditions are governed by the laws of Italy.
1.5 The Website may be accessed solely for personal use and not for commercial reasons. The Customer is therefore not allowed to resale, to hire, to rent, to assign for any reason and for any commercial purpose the Products.
2. Choosing and ordering the Products
2.1 The features and the price of the products sold on the Website (hereinafter, “Product” or “Products”) are shown on the page relevant to each Product.
2.2 For purchasing the Products the Customer shall fill in and send the order form in electronic format, following the instructions on the Website with particular reference to the “Fitting Guide” and the “Size Guide”. The Customer shall add the Product to the “Basket” and, after reading the General Terms and Conditions and the Privacy Policy and confirming their acceptance, he/she shall insert the shipping and invoicing data (if any), select the desired method of payment and confirm the order.
2.3 By submitting an order from the Website, which has the value of a contractual offer, the Customer acknowledges and declares to have read all the information provided during the purchase procedure and to fully accept these General Terms and Conditions.
2.4 The agreement entered into between Grandini and the Customer shall be considered as concluded once the order has been accepted by Grandini. This acceptance is communicated to the Customer via an order confirmation email containing a reference to these General Terms and Conditions, the order number, the shipping and invoicing data (if any), the list of ordered Products with their essential characteristics and the total price. The Customer shall check the confirmation email and if he/she finds mistakes, he/she shall have 12 (twelve) hours from the receipt of such email to contact the Customer Service directly from the Website using the special contact form, accessible in the “Customer Care” section. After this deadline, the order shall be processed for shipment and further changes will no longer be accepted.
2.5 Once the order has been received, Grandini shall check the availability of the stocks for the fulfilment of the order. In the event that one or more of the Products are not available, the Customer Service of Grandini shall timely send an email to the Customer who, within the next 12 (twelve) hours, will have the right to reply in order to confirm the shipment of available Products or cancel it. If the Customer will not reply within this time limit, the order shall be considered as confirmed and the available Products shall be shipped. In any case the amount relating to missing Products shall be returned or will not be charged, depending on the chosen payment method according to Article 5.
3. Information about the Products
3.1 The Products information and features are available, with their related Product codes, on the Website.
3.2 The image of the Products on the Website, if available, normally corresponds to the photographic image shown together with the product description. It is understood that the image of the Products has the sole purpose of presenting them for sale and may not be perfectly representative of their characteristics and qualities but may differ within the normal margins of tolerance accepted in the industrial sector.
4. Prices – Taxes, duties and other charges
4.1 All prices are in USD. Product prices are inclusive of pack¬ing and shipping charges.
4.2 Possible taxes, duties, custom duties and other charges provided by the Laws of the country in which the Products will be delivered will be completely borne by the Customer and will be paid by him/her at the time of the delivery of the Products, directly to the tax or custom authorities in charge or to the courier who performs the delivery.
5. Payment and invoicing of orders
5.1 Payments will be made by advance payment of the total price of the Products.
5.2 Customer may pay the price of the Products by credit card or PayPal.
5.2.1 Credit card – The circuits on which it is possible to buy on the Website are: Visa / Visa Electron, Mastercard and American Express. In order to guarantee the maximum security, the Customer shall carry out the payment transaction directly on the secure server of the bank. The Website does not store the credit card number of the Customer, but thanks to the secure communication system of the bank of reference, from the second purchase, the Customer who so wishes – through the selection of the appropriate option – shall be able to proceed with the purchase without re-entering his/her data.
5.2.2 PayPal – Once the order is confirmed, the Customer shall be redirected to PayPal’s website where he/she may carry out the payment with his/her account or by using a card, also a prepaid one, or however in the manner accepted by Paypal and in compliance with the relevant conditions.
5.3 If the purchase is made by a professional it shall be possible to request the issuance of the invoice by selecting the appropriate box during the ordering procedure and entering the billing information including tax code and/or VAT number. In that case, the invoice shall be sent by email to the indicated address. The professional is responsible for the proper entry of the billing data and he/she is expressly informed that if no invoice request is carried out during the ordering, it may not be requested at a later stage.
6. Transport and delivery
6.1 Products purchased on the Website shall be delivered to the address indicated by the Customer during the purchase procedure in the dedicated section.
6.2 All purchases shall be delivered by express courier from Monday to Friday, except public holidays and national holidays. Shipments may take place with different couriers depending on the country of destination.
6.3 Once the Products are shipped the Customer shall receive a confirmation email that includes a link for reference for the tracking of the shipment.
6.4 Without prejudice to cases of force majeure or unforeseeable circumstances, the ordered Products shall be delivered within a period of 7 (seven) working days from the day following the day in which Grandini has received the payment of the price according to the conditions set forth in Article 5. However Grandini is not responsible for unforeseeable delays or those which are not attributable to it.
7. Returns and lack of conformity
7.1 Considering the social purpose regarding the sale of the Products, returns are in principle not allowed.
7.2 In case of lack of conformity of the Products the Customer shall immediately contact the Customer Service by using the appropriate contact form accessible on the Website in the “Customer Care” section.
8. Errors and limitations of liability
8.1 Information relating to the Products provided through the Website are constantly updated. However, it is not possible to guarantee the complete absence of errors of which Grandini may not be held responsible, without prejudice to cases of wilful misconduct or gross negligence.
8.2 Grandini reserves the right to correct any errors, inaccuracies or omissions also after an order has been sent, or to change or update information at any time without prior notice.
8.3 Without prejudice to cases of wilful misconduct or gross negligence, every Customer’s right to compensation for damages or to the recognition of an indemnity is excluded, as well as any liability in contract or tortious liability for direct or consequential damages to persons and/or things, caused by the lack of acceptance or even partial fulfilment of an order.
9. Intellectual property rights
9.1 The Customer acknowledges and agrees that the Website and all the content included therein, including, but not limited to, all texts, information, data, images, icons, photographs, illustrations, multimedia content (graphic, audio and video), charts, indices, descriptions and the like, as well as all trademarks and logos, whether registered or not, displayed on the Website, including but not limited to the “Rotary” trademark, as well as all the other distinctive connected marks and reproduced on the Website, are owned by or licensed to Grandini and are subject to protection by international intellectual property laws, including, but not limited to, rights in the nature of patent rights, copyrights, trade secrets, trade names, trademarks, service marks, moral rights, know-how and any other similar rights recognized under laws or international conventions in any country or jurisdiction in the world.
9.2 The abovementioned trademarks and signs may not be used in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Grandini, as well as the “Rotary” name and trademark and the products bearing the “Rotary” trademark.
10. Force majeure
10.1 Each party shall be entitled to suspend the performance of its contractual obligations in the event that such performance is rendered impossible or unreasonably onerous due to an impediment beyond its reasonable control, such as for example: strike, boycott, lockout, fire, earthquake, flood, war (whether declared or not), civil war, riots or revolution, requisitions, embargoes, power failures, delays in delivery of components or raw materials.
10.2 Should a party wish to avail itself of the provisions set forth in Article 10.1, it shall immediately notify the other party in writing of the occurrence and cessation of the circumstances of force majeure.
10.3 Should the suspension under article 10.1 exceed 90 (ninety) days, each party shall be entitled to terminate the contract by means of written communica¬tion to the other party ensuring evi¬dence and date of receipt (e.g. reg¬is¬tered mail with return receipt, special courier).
11. Dispute resolution
All disputes arising out of or in connection with the contracts governed by these General Terms and Conditions and/or with these General Terms and Conditions shall be exclusively settled by arbitration under the Rules of Arbitration of the Chamber of National and International Arbitration of Milan (Italy). The Arbitral Tribunal will be composed of one arbitrator, appointed in accordance with the said Rules of Arbitration. The seat of the arbitration will be Milan (Italy) and the language of the arbitration will be the Italian language.
12. Modifications or additions
No addition or modification to these General Terms and Conditions shall be valid unless made in writing.