a) The offer and sale of footwear under the FLY FLOT brand on the website www.flyflot.it shall be governed by these General Terms of Sale.b) The products under the FLY FLOT brand, purchased via the website www.flyflot.it are made and marketed by Fly Flot Srl, registered with the Registry of Brescia Businesses under No. 541664, VAT ID 03526490986, with registered office at Via Isorella, 47, Calvisano (BS). c) The purchases are governed, among other regulations, by the provisions of Italian Leg. Decree No. 206 of 06.09.2005 (Consumer Code), under which: I) "online sale contract" refers to the distance contract, that is the legal transaction concerning goods and/or services agreed between a seller, in this case Fly Flot Srl, via the online service www.flyflot.it, and a consumer, under a distance sales system organised by a professional who, for this contract, only uses the distance communication technology called Internet;II) "consumer" means the natural person who acts for the purposes not related to business or professional activities.
- ACCEPTANCE OF GENERAL TERMS OF SALE
a) All contracts will be concluded directly through access to the corresponding website at www.flyflot.it, where the customer can enter into the agreement to purchase goods and/or product, carefully following all instructions and procedures.
b) These general terms of sale are an integral and essential part of the sales agreement. For this reason, they must be examined "on line" by the customer before completing the purchase process. Submitting the order confirmation implies full knowledge and full acceptance of these terms.
c) The general terms of sale may be updated or changed at any time by Fly Flot Srl. The company shall inform of these changes via the website.
d) By sending the electronic confirmation of a purchase order, the client unconditionally accepts and agrees to observe, in their relationship with Fly Flot Srl, the general terms of sale, including the terms of payment described below, claiming to have read and accepted all the information provided to him. ART. 2 - SALE PRICES AND PURCHASE PROCESS
a) All sale prices of the products shown on www.flyflot.it that constitute an offer to the public pursuant to art. 1336 of Italian Civil Code include VAT and any other taxes as regards the sale.
b) The total cost of shipping and transportation will be clearly indicated and displayed before completion of the order.
c) The purchase agreement is closed through the exact compilation and the purchase consent expressed by the acceptance "on line", subject to the successful completion of payment.
d) The customer can pay for the goods ordered using the payment methods indicated "on line" at the moment of purchase.
ART. 3 GIFT CARD
By purchasing a gift card, the purchaser is obliged to pay the selected amount by credit card.
Once the credit is received, Fly Flot will forward to the recipient of the gift card an e-mail containing all the necessary information to be able to use the gift card.
It is to be noted that the gift card beneficiary will be able to purchase any kind of product published in the on-line shop www.flyflot.com without limitation.
It is also to be noted that the gift card code may be used within the same order.
If the gift card is only partially used by the recipient, the remaining amount will be credited back to the purchaser’s credit card once the order has been made. ART. 4 – DELIVERY METHODS
a) Shipping charges: the shipping charges are calculated according to the amount of the order and the country of destination.
> See shipping costs table
b) Fly Flot Srl shall forward the trusted courier service, thereby completing the delivery, the products selected and ordered to be transported to the customer at the address indicated by them.
c) Fly Flot Srl shall fulfil orders sent within 7 working days and the goods purchased will be delivered within the terms of Article 54 of Italian Legislative Decree No. 205/06, within 30 days from the day after which the consumer forwarded his order to the professional. No responsibility can be attributed to Fly Flot Srl for late or non-delivery due to force majeure or unforeseeable circumstances.
d) The customer is required to verify, upon receipt, the conformity of the product delivered to him with the order performed. By filling in the registry card in the registration process necessary to activate the procedure for the execution of this agreement and the subsequent communications, the consumer and/or customer authorises Fly Flot Srl to communicate non-sensitive personal data (residence, telephone number) to couriers and/or forwarding agents used for the delivery of goods purchased to allow the procedures necessary for delivery. ART. 5 - LIABILITIES a) Fly Flot Srl shall not be held liable for any disruptions caused by force majeure such as, for example, accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other events that could prevent, in whole or in part, to implement the agreement in the time agreed.
b) Fly Flot Srl shall not be held liable against any party or third parties for damages, losses and costs incurred as a result of failure to execute the agreement for the reasons mentioned above, since the customer is only entitled to a refund of the price paid.
c) Likewise, Fly Flot Srl is not liable for any fraudulent or illegal use that may be made by third parties, credit cards, checks and other means of payment, when payment for goods purchased. In fact, at no time of the purchase procedure Fly Flot Srl is able to know the customer’s credit card number that, by opening a secure connection, is transmitted directly to the manager of banking service.
d) If you have a credit card, you can choose to save your credit card data. In this way, you will not have to enter them in any subsequent payments.
The information you provide will be collected by Fly Flot Srl and processed as required by law.
Remember that you will be solely responsible for the data entered; therefore, only use credit cards of which you are the lawful holder.
e) If you have an active credit card on a Paypal account, the system permits saving a recognition code so that there is no need to enter the credentials again in subsequent payments.
The information you provide will be collected by Fly Flot Srl in an encrypted manner and transmitted to PayPal.
PayPal will keep and process these data independently, according to the most advanced safety standards and only to fulfil your purchases made via our site www.flyflot.it.
ART. 6 - OBLIGATIONS OF CUSTOMER a) Once the "on line" purchase procedure is completed, the customer agrees and undertakes to print and keep these general terms, which, however, he have already seen and accepted as a necessary step in the purchase, as well as the specifications of the product purchased, in order to fully satisfy the terms of Articles 52 and 53 of the Legislative Decree No. 205/06;
b) It is strictly forbidden for minors to make an "on line" order.
c) Is strictly forbidden for the customer to enter false and/or invented and/or fictitious data in the registration process required to activate the procedure to fulfil this agreement and the subsequent communications. Personal data, address, telephone number and e-mail must be only the real personal data, and not somebody else’s or fictitious data.
d) The customer exempts Fly Flot Srl from any liability arising from incorrect tax records due to errors in the data supplied by the customer, being themselves solely responsible for the correct entry. ART. 7 - RIGHT OF WITHDRAWAL AND COMPLAINTS a) Pursuant to Article 64 of Italian Leg. Decree No. 205/06, the consumer may exercise the right of withdrawal and return the product received in accordance with the terms and methods set out below.
b) The consumer who, for whatever reason, is not satisfied with the purchase, has the right to terminate the agreement within 14 working days from the date the order is delivered by contacting the customer service at 030/968900 (from 09:00 to 12:00).
c) Remember that the items must be returned intact and in the same conditions in which they were received, with the tags indicating the bar code and any other seal that is part of the product.
d) In case of compliance with all the terms and obligations of the consumer indicated above, Fly Flot Srl will refund the selling price of the purchased item by direct refund to the credit card used for paying or the PayPal account within 14 calendar days from the date of acceptance of the return on the part of our logistics department. ART. 8 - PAYMENT METHODS a) By filling in the specific space on the website of the payment banking system, the consumer and/or customer authorises Fly Flot Srl to use their credit card to debit the total amount shown as cost of the "on line" purchase from your bank account in favour of Fly Flot Srl.
b) If you have a credit card, you can choose to save your credit card data. In this way, you will not have to enter them in any subsequent payments.
c) If the consumer were to exercise the right of withdrawal, as provided in these Terms, the amount to be refunded will be directly credited to your credit card or PayPal account or by crediting the current account if paid by bank transfer by sending special request to 030/968900 (from 09:00 to 12:00)via the customer service.
d) For cash on delivery payments, the amount is regarded as paid when the order is delivered. The payment must be made in cash upon delivery (no checks accepted). ART. 9 - SPECIFIC TERMINATION CLAUSE a) Fly Flot Srl has the right to terminate the agreement by simply notifying the consumer and/or customer stating adequate and justified reasons; in which case the customer shall only be entitled to a refund of the amount already paid.
b) The obligations assumed by the customer in Art. 7 of these Terms (obligations of customer) as well as the guarantee for completion of payment that the customer makes with the means indicated in Art. 2, are essential, so that by express agreement, failure on the part of the customer to comply with even only one of these obligations will lead to the termination of the agreement pursuant to Art 1456 of Italian Civil Code, without any judicial decision, subject to the right of Fly Flot Srl to sue for compensation. ART. 10 – COURT HAVING JURISDICTION a) Any disputes arising from the application, execution, interpretation and violation of the purchase agreement signed "on line" via www.flyflot.it shall be governed by the laws of Italy. These general terms are subject, although not expressly provided herein, to the rules laid down by Italian Civil Code and Italian Legislative Decree No. 205/06.
b) Any disputes between the parties relating to this agreement shall be resolved in the Court within whose district the consumer has domicile. For any other disputes, they shall be brought before the Court of Brescia.