1 - GENERAL INFORMATION

These General Conditions of Sale (hereinafter "General Conditions") are drafted in accordance; to the legislative provisions of the Civil Code, al D.Lgs. no. 70 of 09.04.2003 in the field of information society services and electronic commerce and al D.Lgs. no. 206 of 06.09.2005 (c.d. Consumer Code), and, in particular, in Chapter I of Title III of Part III (articles from 45 to 67), and govern the offer and sale of products through the website www.freekyshop.com (hereinafter the Site).

The products and brands marketed on the Site www.freekyshop.com (hereinafter the Products, also in the singular version) are sold by Foot-mania & Co Srl, with headquarters in Corso Europa, 125 – 83100 Avellino (AV), C.F. VAT no. 02713950646 owner of the site.

2 - FIELD OF APPLICATION

  1. The General Conditions apply and govern all sales contracts concluded through the Site by Foot-mania & Co Srl, as identified above, hereinafter "the Seller".
  2. The General Conditions may be modified at any time; each User, therefore, is required to consult the aforementioned before proceeding with any purchase.
  3. In any case, the version of the General Conditions in effect on the date the purchase order is sent is applied to each sale.
  4. The General Conditions apply regardless of the User's nationality, provided that the delivery of the products must take place in one of the countries for which the Site provides the online sales service, as specified in point 2.

3 - PURCHASES ON THE SITE - RESTRICTION

  1. The purchase of Products on the Site is reserved exclusively for natural persons who act as consumers and who are over eighteen years of age.
  2. By consumer we mean the natural person who acts for purposes unrelated to any commercial, entrepreneurial, craft and professional activity carried out.
  3. The purchase made through the Site implies for the User full knowledge and acceptance, without reservations, of the General Conditions.

4 - INFORMATION DIRECTED FOR THE CONCLUSION OF THE CONTRACT

  1. To purchase online, the User must complete an order form in electronic format prepared by the Seller and send it electronically, following the instructions indicated.
  2. As by law, before confirming the order, the Seller will put; available to the User all the information pursuant to art. 49 of the Consumer Code; the information relating to the right of withdrawal, in particular, is provided through the standard Instructions on the right of withdrawal referred to in Annex I part A provided for by art. 1 paragraph 1 of the D.Lgs. no. 21 of 21.02.2014.
  3. To complete each order, the User is required to confirm the economic transaction concerning the payment of the price of the Products placed in the cart; to this end, at the end of the procedure for choosing the Products and confirming the User's data, the Site redirects the latter to the page of the payment system (Paypal) which manages the economic transaction.
  4. Orders that do not register the corresponding economic transaction are automatically cancelled.
  5. Upon receipt of confirmation of the validity of the means of payment indicated in the order and confirmation of the same, the Seller will send the User, by e-mail, to the e-mail address communicated during login, a written confirmation of the order , as foreseen by the art. 51 paragraph 7 of the del D.Lgs. no. 206/2005.
  6. The offer of Products through the Site constitutes an offer to the public pursuant to art. 1336 of the Civil Code; the compilation and correct sending of an order through the Site therefore implies acceptance of the aforementioned offer. The contract, therefore, is considered concluded when the Seller has knowledge of the User's acceptance, formalized by means of the order form above.
  7. However, the Seller reserves the right not to accept the order in the event of failure to authorize payment by credit card or other electronic payment system by the relative manager.
  8. The User can monitor the status of his order at any time by contacting Customer Service through the appropriate section or through the tracking number provided in the shipping confirmation email.
  9. In any case, the User is always required to keep the order number communicated to him by the Seller, which must be indicated in any communication with the Seller.
  10. The User undertakes, once the online purchase procedure has been completed, to ensure the conservation of the General Conditions which, however, he will have; already viewed and accepted, as an obligatory step in the purchase procedure.
  11. In case 4.12 of non-acceptance of the order, the Seller will promptly notify the User by e-mail.
  12. The languages available for concluding a sales contract through the Site are:
    • Italian
    • English

5 - CHOICE AND AVAILABILITY OF PRODUCTS

  1. The Products offered for sale through the Site are multi-brand clothing and accessories, present in the catalog published on the Site at the time of the order by the User.
  2. The Product catalog may be periodically updated by the Seller, who, therefore, does not provide any guarantee as to the permanence of a product among those available online; under no circumstances does the Seller guarantee the availability of all sizes/versions for each item/colour in the catalogue.
  3. In the Product catalog each product is accompanied by a descriptive sheet which illustrates its main characteristics; the images and colors of the Products in the descriptive sheets may, however, not correspond faithfully to the real ones, due to the settings of the IT systems or the devices used by the User to view the Site. The images published, therefore, must be understood as indicative and subject to normal tolerances.
  4. If, even if selectable through the order form, the chosen product is not available, the Seller will promptly notify the User by e-mail, proposing the termination of the sales contract, and the consequent refund of the price, including any shipping charges, if applicable, if already paid.

6 - PRICES, PURCHASE CONDITIONS AND PAYMENT METHODS

  1. The sales prices are those published online at the time the order is completed and are inclusive of VAT, if applicable based on the country of shipment of the Products. For shipments to the United Kingdom, Poland, Switzerland, the Czech Republic, Russia, Japan and the United States of America, payment will be made in local currency; for other destinations, payment will be made in Euros.
  2. The prices indicated in the online catalog may be subject to change without notice. Therefore, it is the User's responsibility to ascertain the final price before submitting the purchase order.
  3. The Seller also reserves the right to apply different sales prices depending on the country of delivery of the Products.
  4. The sale price is charged when the order is shipped.
  5. Discount coupons do not apply to products marked "Online Exclusive"
  6. Payment for the Products can only be made in the following ways:

  1. Credit card (Visa, MasterCard, American Express, Maestro, Carte Bancaire in France, Diners & Discover in the United States of America, JCB in Japan)
  2. Paypal (this method automatically redirects the user to the payment page of the Stripe site)
  3. Cash on delivery in Italy: payment in cash is required on delivery. Surcharge €3.90.
  4. Paypal 3 installments: a service that allows you to divide the cost of your purchase on our site into 3 equal payments. Find here all the information about the option and how to use it online.

7 - METHOD OF DELIVERY, EXPENSES AND OTHER CHARGES

  1. The Products are delivered, by courier, directly to the User, to the shipping address specified by the latter when ordering.
  2. The Site allows you to request delivery of the Products to an address other than the User's own, provided that this is included in the User's country of shipment indicated when completing the order; in any case, it is the User's responsibility to indicate all the references necessary for the successful outcome of the delivery (for example, if it were the address of a third party, specify the name on the bell/intercom to which to make the delivery).
  3. It is not possible to collect the Products purchased through the Site directly from the Seller's warehouse.
  4. The costs and types of shipping provided may vary depending on the country and the shipping methods chosen by the User, as per the table available on the Site.
  5. These expenses and any additional costs are charged to the User. The relative amount will be expressly and separately indicated in the order summary before the User proceeds with the transmission of the same, as well as in the order confirmation e-mail referred to inart.4.
  6. Upon delivery of the Products to the courier, the User will receive a confirmation communication from the Seller by e-mail, in which the name of the courier used and the shipment details will be expressly indicated.
  7. Delivery times for the Products vary according to the destination countries and the shipping methods chosen.
  8. In Italy delivery is expected from one to five working days; in countries other than Italy, delivery times vary according to the shipping method chosen among the possible ones, and are indicated in the table available on the Website.
  9. Not all shipping methods provided by the courier agreed with the Seller are available for all countries where the Products can be purchased online.
  10. Both in Italy and abroad, the delivery procedure provides that, in the event of the recipient's absence at the time of the courier's access, the person in charge will leave a notice, in order to subsequently complete the shipment, in which the contact details will be indicated. to contact to arrange the second delivery.
  11. The User always has the possibility to check the status of his order through the tracking number provided in the shipment confirmation email or by contacting Customer Service through the appropriate section.
  12. The delivery of the Products is considered complete when the consumer, or the third party designated by him and other than the carrier, materially takes possession of the goods; from that moment, as by law, the risk of loss or damage to the Products, for reasons not attributable to the Seller, is transferred to the User.

8 - USER OBLIGATIONS UPON DELIVERY

  1. The User acknowledges that the collection of the Products represents an obligation deriving from the sales contract concluded with the Seller.
  2. In the event of non-delivery due to the absence of the recipient during the attempts foreseen by the procedure applied by the courier, the package will remain in storage.
  3. If, within the terms indicated by the courier in the notice left to the User, the package is not collected, it will be returned to the Seller.
  4. In the case referred to in point 8.3, the contract must be considered terminated by law pursuant to art. 1456 of the Civil Code, with a simple communication from the Seller sent by e-mail to the User, and, therefore, the order will be canceled for all purposes. Within 15 days of the aforementioned communication, the Seller will then refund the total amount paid by the User for the Products, less the costs of the unsuccessful shipment, the costs of returning the Products to the Seller and any any other expense that the Seller has incurred due to the non-delivery due to the absence or inaction of the User in fulfilling the obligation to receive the delivery.
  5. The refund due pursuant to theart.8.4 will be credited to the same means of payment used by the User.
  6. Following the communication referred to in point 8.4, the User who intends to request delivery of the Products must; necessarily proceed with a new order.
  7. The Seller reserves the right to refuse orders from Users against whom the Seller has previously enforced the express termination clause referred to in point 8.4. for non-fulfilment of the obligation to receive delivery of the Products.
  8. Upon receipt of the Products, the Customer is required to verify their conformity in relation to the order, paying attention, in particular, to that:
  9. the number of packages indicated on the carrier's letter corresponds to the number of packages actually delivered;
  10. the package is intact and not damaged or tampered with.
  11. Any anomalies (such as, for example, tampering, damage to the package) must be specifically indicated in writing directly on the courier's transport document, and the User must; refuse delivery. At the same time, the User will be required to report the fact to the Seller's Customer Service, through the appropriate section.
  12. The User is therefore invited to sign the transport document only after the checks pursuant to art 8.8.
  13. If the User does not proceed in compliance with the preceding points, and, therefore, accepts the delivery of the Products even in the case of damaged or tampered with packaging, the User will lose the legal guarantee of conformity of the Products.

9 - RETURNS

  1. The return is free for all EU countries. Instead, it is charged to the customer for non-EU countries and for exchange orders. Exchange is available only for the same code in a different size or colour. The request must be made during the return entry phase and the system will allow you to proceed only if it detects availability. The option is only available for countries within the EURO area.

10 - RIGHT OF WITHDRAWAL

  1. The User, as a consumer, has the right to withdraw from the contract for the sale of the Products, as established by art. 52 of D.Lgs. n.206/2005 (Consumer Code), without having to provide any explanation and without penalty.
  2. The User may exercise the withdrawal within 14 days from the moment in which the User, or the third party other than the carrier and designated by the User, acquires physical possession of the Products.
  3. In the case of multiple goods ordered with a single order and delivered separately, the term referred to in art. 9.2 will start from the day on which the User, or the third party other than the carrier and designated by the User, acquires physical possession of the last good.
  4. In case of delivery of a good made up of lots or multiple pieces, the term referred to in art. 9.2 will take effect from the day on which the User, or the third party other than the carrier and designated by the User, acquires physical possession of the last lot or piece.
  5. Before the expiry of the term referred to in art. 9.1, the User will inform the Seller of his decision to exercise the right of withdrawal from the contract. To this end, the User may:
  6. The withdrawal deadline will be considered respected with the sending of the withdrawal communication before the expiry of the withdrawal period, as determined above.
  7. In the notice of withdrawal, the User must specify the Products for which he intends to exercise the withdrawal.
  8. Upon receipt of the notice of withdrawal, if timely, the Seller will reimburse the User for the entire amount already paid, net of any additional shipping costs pursuant to art. 56, paragraph 2, of Legislative Decree 21/14, without delay and in any case within 30 days from the date on which the Seller receives the goods in its warehouses; the refund will be made using the same means of payment used by the User.
  9. Once the withdrawal has been exercised, the User must return the Products, without undue delay and in any case within 14 days from the date on which he communicated his decision to withdraw from the contract to the Seller, by sending the aforementioned products to the following address, indicated in the Instructions model on the right of withdrawal referred to in Annex I part A provided for by art. 1 paragraph 1 of the D.Lgs. no. 21 of 21.02.2014: Foot-mania & Co Srl - Corso Europa 125 - 83100 - Avellino - Av
  10. For the sole purpose of complying with the return deadline, the Products are understood to have been shipped when they are delivered to the accepting post office or to the shipper.
  11. The Products must be returned in the original packaging with which they were received, including any accessory documents such as tags, labels, seals, anti-shoplifting, etc.
  12. To return the Product, the User may use the postal service or a carrier of his choice.
  13. All risks of loss or damage to the Products during shipment to the Seller for return are borne by the User.
  14. As required by art. 57 paragraph 2 of the Consumer Code, the User will be responsible for the decrease in value of the returned Products resulting from a manipulation of the aforementioned other than that necessary to establish their nature, characteristics and functioning.
  15. In the event that, upon receipt of the return delivery, the Seller should find a decrease in the value of the Products attributable to the User, the Seller will have the right to offset the amount corresponding to the aforementioned decrease in value with the amount to be reimbursed to the User as a result of the withdrawal; in this case, the Seller will notify the User within 14 days of receiving the return.
  16. The return for all EU countries. and outside the EU is instead charged to the customer for and for exchange orders. Exchange is available only for the same code in a different size or colour. The request must be made during the return entry phase and the system will allow you to proceed only if it detects availability. The option is only available for countries within the EURO area. Shipping for size exchange is free.

11 - LEGAL GUARANTEE OF CONFORMITY

  1. All Products marketed through the Site enjoy the legal guarantee of conformity established by articles 128 et seq. of the Consumer Code, applicable, in any case, only to the consumer.
  2. Pursuant to the law, the Seller has the obligation to deliver to the User goods that comply with the sales contract.
  3. The Seller is liable to the User for any lack of conformity of the Products existing at the time of delivery of the aforementioned, which occur within two years of delivery.
  4. To benefit from the above guarantee, the User must report the lack of conformity to the Seller within two months of discovery, under penalty of forfeiture, by contacting Customer Service via the appropriate section. This report must contain an accurate and complete description of the alleged defects/defects.
  5. The Customer Service will check the User's communication, giving him instructions for the shipment of the defective product, which will take place at the Seller's expense.
  6. The Seller will have the right to ask the User to attach the purchase invoice or other document certifying the date of completion of the sale to the Product for which he intends to enforce the guarantee.
  7. If active, the legal guarantee of conformity entitles the User to obtain the free repair or replacement of the Product, at his choice, unless the requested remedy is objectively impossible or excessively expensive compared to the other available.
  8. The User will have the right to request, at his choice, an appropriate price reduction or termination of the sales contract, only if the repair or replacement is impossible or excessively expensive, or the repair or replacement has not taken place within reasonable terms. or the repair or replacement carried out has caused significant inconvenience to the User.
  9. In no case does a minor lack of conformity give the right to terminate the contract.
  10. Any defects or damage caused by accidental events or by the User's responsibility or by use of the Products that do not comply with their intended use, or by normal wear and tear, are excluded from the lack of conformity and, therefore, from the legal guarantee.

12 - PRIVACY

  1. User data is processed in compliance with current legislation on the protection and protection of personal data, as specified in the information on the processing of personal data provided by the User when completing the login form.

13 - CUSTOMER SERVICE, COMPLAINTS AND COMMUNICATIONS

  1. All communications which, pursuant to the General Conditions, are made by e-mail will be sent to the address communicated by the User during the Login phase.
  2. The following addresses are indicated to which the user can contact for any further information or assistance or to file complaints: Foot-mania & Co Srl - Corso Europa 125 - 83100 - Avellino - Av

  • Email: info@freekyshop.com
  • Telephone: +39 082526495

14 - APPLICABLE LAW AND COMPETENT COURT

  1. The sales contract concluded pursuant to the General Conditions is governed by Italian law.
  2. For any dispute that may arise regarding the interpretation of the General Conditions and the execution of the contract concluded pursuant to the aforementioned, the Court of the place of residence or domicile of the Seller will have jurisdiction.
  3. We wish to inform you that the European Commission provides a platform for the alternative out-of-court resolution of disputes, including cross-border disputes, accessible on the website http://ec.europa.eu/odr.