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Terms and Shipping Conditions

  1. General provisions

1.1.

These terms and conditions of sale (hereinafter “Terms and Conditions”) apply to all sales of “Bespoke Shoes” products (hereinafter “Products” or “Product”) concluded remotely through the website www.bespokeshoes.it (hereinafter the “Website”).

1.2.

The use of the remote sales service described in these Terms and Conditions is reserved exclusively for consumers (hereinafter “Customers” or “Customer”), understood as natural persons acting for purposes outside of their commercial, craft, business or professional activities, over the age of 18 (or if minors, with the authorisation of their legal guardians).

1.3.

The languages available for conclusion of the contract through the Website is English.

1.4.

The Customer is called on to carefully read the Terms and Conditions that have been made available on the Website, in order to enable the Customer’s knowledge, conservation and reproduction thereof pursuant to Article 12, paragraph 3, of Legislative Decree no. 70 of 9 April 2003, (“Implementation of Directive 2000/31/EC on certain legal aspects of information society services in the internal market, in particular, electronic commerce” – hereinafter “Ecommerce Decree”). The Customer, on completion of the purchase, expressly accepts all conditions included in this contract.

1.5.

Contracts concluded with “Bespoke Shoes” (as defined below) through the Website are governed by Italian law and in particular by Legislative Decree no. 206 of 6 September 2005, (hereinafter the “Consumer Code”), the Ecommerce Decree, European industry regulations and relevant international treaties, to which Italy is party.

  1. Identity of the seller

2.1.

The seller is Stile Indipendente s.r.l.s., with registered offices in Via Francesco Campione ,33 Bari, Italy, VAT number IT 08317900721 (hereinafter “Bespoke Shoes”).

  1. Information on the products and their availability

3.1.

Information relating to the Products, with their product codes, are available on the Website. This information is provided in accordance with Articles 52 and 53 of the Consumer Code.

3.2.

The images of the products offered on the Website may differ from their appearance in reality.

  1. Price

4.1.

The prices of products on the Website are expressed in Euros and are inclusive of all applicable taxes and charges. Product prices are subject to additional delivery charges, shown separately on the order form.

4.2.

Bespoke Shoes constantly checks to ensure that all pricing information on the Website is accurate; this however cannot guarantee the absence of errors. In the event of an error in the price of a product, Bespoke Shoes will give the Customer the option to reconfirm the order at the correct Product price or cancel it.

  1. Purchase methods

5.1.

The essential features and prices of the products are given in the offer for each product on the Website. All shoe prices are given in Euros. Prices may vary depending on the model and the type of decoration chosen.

5.2.

Before sending the purchase order, customers are invited to ensure they have read and understood the instructions provided during the purchase procedure and these Terms and Conditions, as they will be binding on conclusion of the contract. The Customer must purchase products by filling in the online purchase order form, following the instructions provided on the Website. The Customer must enter the product into the shopping cart and after having reviewed and accepted the Terms and Conditions, particularly with reference to the applicable delivery charges and the conditions on right of withdrawal, and after reviewing the Privacy Policy, they must select the desired payment method and choose the option “proceed with the order”.

5.3.

If the Customer needs to correct any error in the data entered, the changes must be made following the proper procedure indicated in the Website before submitting the purchase order. In particular, the Customer has the right to change the desired number of Products for purchase, adding or deleting one or more Products from the shopping cart.

5.4.

By sending the purchase order to Bespoke Shoes, the Customer acknowledges and declares that he/she has read all the information provided in the purchase procedure and fully accepts the Terms and Conditions.

5.5.

Without prejudice to the use of the data described in the Privacy Policy, and subject to the express consent of the Customer, the form with the purchase order and the customer data relating to the purchase order will be retained by Bespoke Shoes for the period of time required by current legislation.

  1. Payment methods

6.1.

The Customer may pay for the Products and the delivery charge by PayPal or Stripe.

6.2.

Bespoke Shoes accepts payments with the following credit cards:

Visa

MasterCard

American Express

6.3.

The transaction will be charged to the credit card of the customer only when:

(i) the credit card data has been verified;

(ii) the debit authorisation has been received from the issuer of the credit card used by the Customer and

(iii) product availability is confirmed by Bespoke Shoes and therefore after the order is ready to be processed.

6.4.

No debit will be made at the time of sending of the purchase order, notwithstanding the charge that may be required to ascertain the validity of the credit card.

6.5

If the payment of the amounts owed by the Customer is unsuccessful, for whatever reason, the purchase process and the purchase order will be automatically cancelled.

  1. Conclusion of the contract

7.1.

The contract between the Bespoke Shoes and the Customer shall be considered concluded when the customer receives confirmation from Bespoke Shoes that the purchase order – sent in accordance with the purchase procedure indicated on the Website – has been successful, subject to verification of Product availability and the charging of the customer’s credit card. The purchase order submitted by the customer shall be binding for Bespoke Shoes only if the entire purchase procedure has been completed regularly and correctly, with no errors reported by the Website.

7.2.

Bespoke Shoes reserves the right to only partially process the order in event of unavailability of one or more of the products ordered by the customer. In this case only the amount for the processed part of the order will be charged.

7.3.

Bespoke Shoes is not liable for malfunctions attributable to the data transmission provider.

7.4.

In accordance with the provisions of Article 53 of the Consumer Code, upon confirmation of the order or execution of the contract, Bespoke Shoes will send the Customer, via e-mail: a summary of the Terms and Conditions; the information relating to essential details of the products purchased; the details of the price and payment method; information on delivery charges; information on the conditions and procedures for exercising the right of withdrawal, including information on the exclusion of the right of withdrawal in the case of customized Products; the geographical address of Bespoke Shoes for submission of complaints; and information on support services and existing commercial guarantees. The Customer shall immediately check the content of the notification and promptly report any errors or omissions to Bespoke Shoes.

7.5

The order form will be stored in the Stile Indipendente s.rl.s. database for the time necessary for the execution of the same and, in any case, within the terms of the law. If registered, the user can access the order form and / or the data related to the same through his personal account.

  1. Invalidity of the purchase order

8.1.

As an exception to the provisions of paragraph 7 above, no purchase order must be considered accepted by Bespoke Shoes and no contract between Bespoke Shoes and the Customer must be considered concluded if Bespoke Shoes has reasonable grounds to believe that the Customer:

(i) intends to purchase the Products for purposes related to their own or other people’s business or professional activities, in accordance with the provisions of paragraph 1.2 of these Terms and Conditions; or

(ii) does not operate on the basis of a real and genuine interest in the purchase of the Products ordered, or

(iii) improperly exercises the right of withdrawal acknowledged in paragraph 11 below.

8.2.

In such cases, the purchase order submitted by the Customer shall be without any force and effect whatsoever. Bespoke Shoes will send to the Customer, via e-mail, a notice stating the non-acceptance of the purchase order by the Bespoke Shoes and the non-conclusion of contract, and will undertake also to cancel all charges and/or expenses borne by the Customer.

  1. Shipping and delivery

9.1.

For security reasons the Products purchased on the Website will be sent to the address to which the credit card is registered, unless specified otherwise by the Customer, and the signature of the customer or an authorised adult older than 18 will be required at the time of delivery. Deliveries will not be made to PO boxes.

9.2.

9.3.

For each order completed on the Website, Bespoke Shoes shall issue an invoice for the Products shipped, to be sent via e-mail to the Customer pursuant to Presidential Decree 445/2000 and Legislative Decree 52/2004. The invoice will refer to the data provided by the Customer at the time of the order. No alteration can be made to invoice after its issuance.

9.4.

Delivery costs are borne by the Customer and are clearly indicated on the order form.

9.5.

All purchases will be shipped via International Express Courier (“Courier”) after 4-5 weeks from the order confirmation date. Please note that we only ship from Monday to Friday, excluding Saturdays, Sundays and Italian local and national holidays. If we are unable to ship your goods within this timeframe we will inform you whenever possible. Delivery times may be up to a maximum of 5 additional working days. Bespoke Shoes is not responsible for shipping delays.

9.7.

If in the event of notification by Bespoke Shoes of a delay in the delivery date, the Client wishes to cancel the order, any amount paid by the Customer shall be refunded at the earliest opportunity and in any case no later than 30 (thirty) days from the date of receipt by the Bespoke Shoes of notification of order cancellation, with the exception of customized products, in accordance with the provisions in paragraph 12.

9.8.

Delivery of the Products requires the presence of the customer or his/her appointed representative at the address indicated in the order. At the time of delivery of the Products by the Courier, the Customer shall check:

(i) that the number of parcels is same as that reported in the delivery note (DDT);

(ii) that the packaging is intact and not damaged, wet or otherwise altered, including the sealing materials. Any damage to the packaging and/or the Product or an incongruent number of parcels or wrong information must be immediately notified in writing on the Courier’s proof of delivery. Once the Customer has signed the Courier’s delivery note without objection, the Customer may not thereafter file any claims regarding the external condition of the delivered package.

9.9

The risk of loss or damage to the goods, for reasons not attributable to the seller, is transferred to the consumer only when the latter, or a third party designated by him and different from the carrier, enters into physical possession of the goods.

  1. Confirmation shipping and delivery

10.1.

Bespoke Shoes will send to the customer a confirmation e-mail once the Products have been shipped, as well as subsequent notification confirming delivery.

  1. Right of withdrawal

11.1.

Bespoke Shoes wishes to guarantee complete customer satisfaction. In accordance with the provisions of Article 59 of the Consumer Code, the right of withdrawal for online purchases is excluded in the case of personalized orders

  1. Cancellations

12.1.

If the Customer wishes to modify or cancel the order already sent, he must send promptly, and in any case before receipt of the order confirmation e-mail, an email to the address sales@bespokeshoes.it. The cancellation of the order by the customer is not permitted once Bespoke Shoes has notified the Customer of the order acceptance confirmation.

  1. Non-conformities

13.1.

If a Product sold by Bespoke Shoes shows a manufacturing defect due to an alleged non-conformity relating to Products sold by Bespoke Shoes, the customer must send an e-mail to sales@bespokeshoes.com.

The sale of Products is covered by legal safeguards provided for in Articles 129, 130 and 132 of the Consumer Code. The customer has the right to the restoration, without charge, of the good’s pristine condition either by repair or replacement, or, if such options fail, to an appropriate reduction in price or the cancellation of the contract. The Customer loses such rights if they do not report the non-conformity to Bespoke Shoes within 45 days of the date of order confirmation.

  1. Errors or inaccuracies

14.1.

Bespoke Shoes undertakes to provide constantly updated information in the sections of the Website relating to the description and/or sale of the Products. However the complete absence of errors cannot be guaranteed. The pages of the Website in question may contain typing errors, inaccuracies or omissions – for example relating to the price or availability of the product, or regarding the details of the Products themselves. Bespoke Shoes reserves the right to correct any errors, inaccuracies or omissions even after a purchase order has been sent and also reserves the right to change or update information at any time without prior notice.

  1. Guarantee of authenticity and intellectual property rights

15.1.

Bespoke Shoes guarantees the authenticity of all the Products purchased on the Website. ” Bespoke Shoes ” branded Products are made with the finest materials, assembled by craftsmen.

15.2.

The ” Bespoke Shoes ” brand, as well as the set of figurative and non-figurative trademarks and service marks on the Products, related accessories and/or packaging, shape trademarks, whether registered or not, as well as all illustrations, images and logos protected by copyright, and more generally, all the intellectual property rights relating to the Products are and remain the exclusive property of the company Stile Indipendente s.r.l.s.

15.3.

CARE & DETAILS. It is advised to treat your personalized shoes with utmost care in order to best preserve them. The protection of the product will ensure that its originality and beauty are maintained over time. Do not wash in a washing machine.

15.4.

A UNIQUE PIECE. Any eventual differences found between the image and the finished product are derived from the Bespoke Shoes craftsmanship, each creation is unique and different from others.

The Free Text functionality will be submitted for appropriate checks before proceeding to the production phase. If the writing is not considered appropriate, the customer will be contacted and the order will be canceled.

  1. Applicable law and competent court

16.1.

These Terms and Conditions are governed by Italian law and shall be interpreted in accordance with Italian, Community and international laws.

16.2.

Disputes arising from the interpretation, validity and/or execution of these Terms and Conditions shall be subject to the exclusive jurisdiction of the court of Bari.

  1. Online dispute resolution for consumers

17.1.

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/). The Owner is available for any questions via the email address posted under the Owner’s information in this document.

  1. Contacts

18.1.

For assistance on how to purchase online or for more information on Bespoke Shoes products, the Customer can contact Bespoke Shoes Customer Support from Monday to Friday via email: sales@bespokeshoes.it