1) General information
The offer and sale of TOSCA BLU and TOSCA BLU SHOES products offered on the TOSCA BLU and TOSCA BLU SHOES e-commerce sites are supplied by Minoronzoni S.r.l., with registered offices in Via E. Fermi - Ponte San Pietro (BG - Italy), tax code and VAT number 01638680163 entered in the Register of Companies of Bergamo - The e-mail address is firstname.lastname@example.org and email@example.com; the fax number is +0039 035 467142
2) Users and Orders
Only end consumers can use the TOSCA BLU and TOSCA BLU SHOES e-commerce sites, i.e. adult individuals who purchase for personal use and not in relation to the commercial, entrepreneurial and/or artisan activity that may be carried out; in other words “consumers” as defined by Italian law (henceforth referred to as Client and/or User). Minoronzoni S.r.l. shall take into consideration and consider valid and effective only purchase orders with the following characteristics:
a) orders must be sent from one of the countries listed below according to the respective price lists: Italy, Belgium, France, Luxembourg, Portugal, Spain, Germany, Great Britain, Ireland, Denmark, Holland, Sweden, Finland, Austria, Czech Republic, Estonia, Latvia, Lithuania, Hungary, Malta, Poland, Slovakia, Slovenia, Bulgaria, Romania, Norway, Canaries, Greece, Croatia, Switzerland, Moldavia, Ukraine, Serbia, Russia, USA, Japan, Cyprus and Singapore;
b) orders shall be processed only if they contain maximum n. 20 articles
c) orders shall be processed only if the delivery required is within the territory that corresponds to the price list used to place the order.
Minoronzoni S.r.l. has the right not to process orders that do not fulfil the above-mentioned characteristics. It is also understood that Minoronzoni S.r.l. is entitled not to process an order and/or to consider it invalid when the correctness of delivery and invoice details cannot be checked or if the order is made for resale purposes; in any case, Minoronzoni S.r.l. reserves the right to terminate the agreement by means of a simple communication via e-mail.
3) Prices and Products
There are specific purchase prices for each country in which the order is placed; the prices include VAT, where applicable, but are net of any customs duties that may be applied in the single countries, which will be the Client’s responsibility to pay. Minoronzoni S.r.l. has the right to apply special offers to one or more products on the site; this will change the price. The essential characteristics of the products and the prices are shown in the product sheet on the site which the user must access before placing the order. Product images may not correspond 100% to the real ones. Sales are in fact made on a “sample type" basis according to art. 1522/2nd paragraph of the Italian Civil Code; therefore any differences which are not considered important in commercial terms or small differences concerning quality, colour or cut shall not form grounds for a claim. The Customer hereby releases Minoronzoni S.r.l., from any liability for the natural change in the colour of leather products.
Transport costs shall be covered by the Client and shall be specified beforehand when the order is placed. The Client may specify a delivery address different from the invoice and/or order address as long as the goods are delivered in the same nation in which the order is placed; in all cases there must always be someone available to collect the package at the delivery address provided. Minoronzoni S.r.l. shall process the order within 14 days following receipt of payment confirmation; Minoronzoni S.r.l. however has the right to accept and/or refuse the order within the same term. If due to production reasons, such as interruption of production for holidays, the term of the execution of the order is extended, this shall be specifically stated in advance on the website; in any case the product delivery time shall not be more than 30 days from the execution of the agreement. At the time the shipment becomes the responsibility of the carrier/forwarder, the latter will arrange to send an e-mail to the address indicated by the Customer when purchasing, with all necessary details to track the order. Minoronzoni S.r.l. shall not in any case be liable for the delayed delivery or failure to deliver the package if the collection procedures described above are not respected or if the client provides incorrect instructions. If the items ordered are delivered 14 days after order confirmation, the user may however contact Minoronzoni S.r.l. customer services directly which will then check the status of the delivery with the shipping company.
5) Placing an order
To enter into the purchase agreement, the user must complete the order procedure on the site in its entirety and confirm the payment of the order on the site of the selected payment body. It is understood that orders from countries different from those mentioned above and with characteristics different from those described above shall not be accepted.
6) Procedures to place the orders and information
Before placing the order, the user must access the area “E-SHOP” which contains all the information for the regular online purchase of goods including VAT and any other information related to the General Agreement Conditions, right of withdrawal-return, privacy and general conditions of use. To enter into the purchase agreement, the order procedure and payment must be completed following the instructions on the site. If a typing error is made or similar, and the order is not as required in terms of characteristics, quantity and/or prices, the user must not complete the procedure underway, if the user completes the procedure, the entire order must be paid. Minoronzoni S.r.l., shall not in fact be liable for orders sent “by mistake” and/or in any case for unwanted orders and shall execute them requiring the agreed payment.
7) Order confirmation
The order confirmation shall be sent to the user by e-mail within and no later than 10 working days from receipt of the complete order; the confirmation shall contain all the details of the actual order.
8) Entering into the agreement
the agreement is entered into when the user receives the order confirmation from Minoronzoni S.r.l. by e-mail, upon condition that Minoronzoni S.r.l. has received payment confirmation from the body selected as well as confirmation of the correctness of the data entered by the user. Minoronzoni S.r.l. has the right to refuse the order and inform the customer within 10 working days from receipt if the data is incorrect or if the credit card code given to the payment body selected is invalid and/or incorrect.
9) Unavailability of products
If the products on the Minoronzoni S.r.l. e-commerce site are no longer available in the warehouse, Minoronzoni S.r.l. shall inform the customer within 10 working days from receipt of order. If the product has already been paid, Minoronzoni shall refund the amount paid within 14 days from the information of unavailability to the user; the consumer shall not be entitled to damage compensation, indemnity and/or similar.
10) Legal guarantee
The products sold on the Minoronzoni S.r.l. e-commerce site are covered by the guarantee established by Italian law. By way of example, the guarantee does not cover damage caused by misuse, accidents, water, solvents, wear and damage caused by the carriers. The guarantee does not cover damage caused by the leakage of the contents of the bag and/or products generally, loss caused by failure to use the product or any other damage the user of the good may suffer following non-compliance. The guarantee is granted in the way and within the terms, including the expiry terms, foreseen by art.128 and following articles of the Consumer Code (Legislative Decree no. 206 dated 06.09.2005). In particular, Minoronzoni S.r.l. is liable to the Customer for any non-conformity of the goods upon delivery. In accordance with the decree mentioned above, Minoronzoni S.r.l. is liable when the non-compliance becomes evident within two years from the delivery of the goods; failure by the Customer to report to Minoronzoni S.r.l. the non-compliance within the term of two years from the date of discovery of the fault shall entail the waiver of the consumer's rights.
The only and exclusive payment accepted for online purchases made on the Minoronzoni site is via American Express - Visa- Visa Electron - Moneta – Mastercard Maestro credit cards using the Bankpass system. The payment of the orders is not made using Minoronzoni’s systems but the Bankpass servers; therefore, Minoronzoni S.r.l. is not in any way the owner or responsible for the processing of bank data or data of the credit card with which the payment is made.
If the Customer is not satisfied with the purchase, the Customer has the right to withdraw from the agreement with Minoronzoni S.r.l. within and no later than 14 working days from the delivery of the goods without any penalty ad/or justification, at the following essential conditions:
a) the product has not been used and is not damaged in any way;
b) the product, the relevant identification tag and the original packaging are intact.
The right of withdrawal can only be exercised by the Customer and cannot be exercised by any other party not even by the receiver of the product as a gift. To exercise the right of withdrawal, the Customer must send, within 14 days and not more from receipt of the goods, a simple written communication – via email to the address indicated above – expressly stating the intent to return the goods ordered, without specifying any specific reason. For this purpose we hereby attach a facsimile of the withdrawal notice which may be used by the Customer, it being understood that if the withdrawal involves the return of goods, the Customer must follow the procedure described below to return the goods. If a number of items are purchased, the right of withdrawal may be exercised even for just one item. In case of correct and legitimate exercise of the right of withdrawal, Minoronzoni S.r.l. shall return to the Customer the amount already paid by the latter for the said products for which the right of withdrawal is exercised, with the exception of transport/shipping costs, including those for the return of the products themselves, which shall be paid by the Customer. The said amount shall be refunded by Minoronzoni S.r.l. within 14 days of receipt of notice of withdrawal or, if the goods have already been delivered by Minoronzoni S.r.l. to the forwarding agent for delivery to the customer, within 14 days from the date of receipt by Minoronzoni S.r.l. of the said products returned by the Customer and provided that such products are intact, except in cases of delay not attributable to Minoronzoni S.r.l. To exercise the right of withdrawal, the Customer to which the goods have already been sent, must follow the instructions foreseen for returns in order to return the purchased goods to Minoronzoni s.r.l.; the goods must be exclusively and directly returned to the registered office of Minoronzoni s.r.l. mentioned above, within 15 days from receipt of the authorisation to return the goods following the exercise of the right of withdrawal. The goods must therefore be returned following the returns procedure which is described in the following point.
Returns shall only be accepted if previously authorised by Minoronzoni S.r.l. The intention to return goods must be communicated to Minoronzoni S.r.l. by e-mail through the following websites: www.toscablu.it and www.toscablushoes.it, specifying the following: product and/or products to be returned, number and date of invoice issued upon delivery of the product and reason for the return. After having checked the above mentioned information, Minoronzoni S.r.l. shall send an e-mail authorising the return if the conditions are fulfilled; the e-mail shall contain a return code and the relevant form to be included in the package used to return the goods authorised. It is understood that the products can only and exclusively be returned by the buyer and must be delivered to the registered office of Minoronzoni S.r.l., in Via E. Fermi, Ponte San Pietro - BG - Italy. The goods must be packaged using the original box to avoid deterioration during transport; packaging costs shall be borne by the Customer. If the original packaging cannot be reused, a similar box in terms of size and strength may be used. Items returned without following the procedure described shall not be accepted. Transport costs for return of goods, not even following a withdrawal, shall be borne by the buyer. The Customer may choose independently the courier for the return, in any case always at his or her own responsibility and expense, however, we suggest using a courier or postal service with a tracking system or advice of receipt. The Customer bears responsibility for consignment of the returned goods up until the moment Minoronzoni S.r.l. receives the returned goods. In case of any possible damage of the goods during transit, Minoronzoni S.r.l. will give timely communication to the Customer, in order for the Customer to take action against the forwarder in order to obtain from the latter appropriate compensation; in which case, therefore, the request for a refund will be revoked and the damaged product will be left at the disposal of the Customer. Minoronzoni S.r.l., furthermore, will not be responsible for any damage, theft or loss occurring during and/or dependent on the shipping of the returned goods. Upon delivery of the goods at the registered office of Minoronzoni S.r.l., the latter shall check the legitimacy of the return and after having checked the correctness of the operation, it shall send a confirmation e-mail to the user. In this case, the amount paid for the purchase shall be refunded through the system used to make the payment; transport and management charges shall not be refunded. The amount is usually credited within 14 days from receipt of the confirmation e-mail mentioned above, with the exception of delays not attributable to Minoronzoni Srl.
14) Applicable law and competent court
Purchases made on the e-commerce site are governed by Italian law and by the contractual conditions indicated on the site at the moment in which the order is placed. Any dispute that may arise concerning the conclusion, interpretation and execution of a sale made on Minoronzoni’s e-commerce sites shall be referred to the Italian judicial authorities.
15) Privacy – Information according to and as a consequence of article 13 D.Lgs.30/06/2003 n.196
Minoronzoni s.r.l., with its registered offices in Via E. Fermi, Ponte San Pietro (BG) Italy, in the person of its pro tempore legal representative, informs the client/user that personal data and all related information supplied will be handled in accord with the normative law in force.
1) Personal data
2) Purpose of handling
The purpose of handling data where allowed should it be requested (art.23 D.Lgs.196/03):
a) Managing data processing regarding:
- Registering on this internet site to buy products;
- Activities strictly related to and instruments managing the relationship between on-line purchases and the conclusion of a contract, execution of operations on the bases of obligations derived from contracts concluded;
- Protection of the derived credit positions in supplying goods and therefore to allow the performance of all activities related to executing contractual agreements and fulfilling related services and obligations, as well as anonymous statistical surveys;
- Handling of requested information;
b) Managing data processing regarding:
- Promotional communications, also personalized for informative purposes, via promotional brochures and printed publicity materials, emails, newsletters and invites;
- Possible programs and competitions with prizes;
Without having obtained beforehand the consent of the user, their personal data will not be used for any of the points outlined in b). At the time any personal information is supplied, the user will have the possibility to opt out of this service.
For any other end, the user’s consent will be requested.
3) Manner of processing and storage
Processing will be carried out in automated electronic form and/or manually, with methods and instruments aimed at guaranteeing maximum security and confidentiality, working subject to what is expressly required in compliance with that envisaged by D.Lgs. 196/03. Data will be stored at our offices or at the offices of third parties identified each time in order to carry out and provide services for the time strictly necessary to the ends indicated above and, however, not exceeding the period of time prescribed by law. In compliance with the laws in force, specific security measure are observed to prevent data loss, illicit or incorrect use and access by unauthorized persons.
The personal data with a contractual, administrative-accounting end will be stored for a period not greater than the administrative purposes for which the data was gathered and subsequently processed, while data stored for profiling or marketing for a period not greater than sixty months from its registration, except for actual transformation into an anonymous form.
4) Scope of communication and propagation
Data of a personal nature, subject of processing, will not be spread, but may be communicated by Minoronzoni s.r.l. for the purposes stated above to companies contractually tied to Minoronzoni s.r.l. or making up part of its distribution network, possibly with offices in other countries belonging to the European Union, and in which case data will be processed by them exclusively for the above-stated purposes. Personal data may be transferred abroad to EU countries and/or countries outside of the EU and within the limits of the envisaged legal provisions in force.
In every case, Minoronzoni s.r.l. guarantees to adopt suitable preventive security measures directed at safeguarding the confidentiality and integrity of the data, allowing access by subject third parties that the aforementioned reserve to nominate and exclusively to those expressly authorized and able to guarantee adequate and precise control, such that any unlawful and/or illicit use on the part of extraneous third parties will be avoided.
The storage and sending of personal data across the Internet is safeguarded by commonly used updated technological means.
5) Nature of conferment
Conferring of data for the purposes outlined in point a) of article 2) is obligatory, while not coming from a legal obligation, in as much as it is necessary to effect registration on the site and/or to conclude and execute relative to the purchase contract of goods. Possible refusal to give permission to processing of data for the purposes indicated above in point a) imply the impossibility to register and buy goods on this site through which Minoronzoni s.r.l. gathers personal data. The owner, furthermore, states that possible non-communication or erroneous communication, of obligatory information, has as a consequence:
- Impossibility for the owner to guarantee completion of registration on this site and the congruity of the processing itself in relation to possible contractual agreements for which the processing is carried out.
- The possible inability to communicate the results of processing and possible obligations imposed by the relevant fiscal, administrative and civilians laws.
In case the data indicated as “obligatory” is not provided in the registration form, it will be not possible to complete the registration procedure.
Conferring data for the purposes outlined in point b) of article 2) is optional: not conferring data for such purposes would mean, as the only consequence, not being able to be contacted by Minoronzoni s.r.l. for promotional communications, as well as personalized communications for information activities.
7) Right to access personal data and other rights
Art.7 of D.Lgs. 196/2003 gives the person concerned the right to exercise certain rights, among which that of obtaining from the owner confirmation of the existence or otherwise of personal data relative to them, even if not yet registered, and its communication in an intelligible form; the person concerned has the right to know of the data’s origin, the end and manner of processing, the identifying details of the owner and the subjects to whom the data may be communicated. The person concerned has, furthermore the right to obtain:
a) updating, correction, or rather, when of importance, data integration;
b) cancellation, transformation into an anonymous form or blocking of data processed in violation of the law;
c) a declaration that the operations in a) and b) have been brought to the attention of those to whom the data has been communicated or diffused, except in cases where such execution proves impossible or involves employing means which would be clearly disproportional to the protected rights.
The person concerned has the right to oppose, in all or in part, for legitimate reasons, processing of personal data which concerns them, even if pertinent to the purpose of its collection, as well as use of their data for promotional or advertising ends.