Terms & Conditions

TERMS AND CONDITIONS
jeffreycampbellshoes.it
ASAP LTD. S.P.A.
Asap Ltd. S.p.a., in the person of its legal representative p.t.
Registered office: Via Palazzuolo 100, 50123, Florence (FI)
VAT No.: 04456050485
Florence Companies Register number FI - 453450
Paid-up share capital: €300,000
Peo: [email protected]
Pec: [email protected]
Tel: 055 215844
(also just the "Seller")

FOREWORD
1. CONDITIONS OF USE
2. SUBJECT
3. PURCHASING PROCESS
4. AVAILABILITY AND ORDER CANCELLATION.
5. PRICES AND PAYMENTS
6. PREORDERS
7. METHODS OF FULFILLMENT, DELIVERY AND PICKUP
8. RIGHT OF WITHDRAWAL
9. LEGAL WARRANTY OF CONFORMITY
10. EXPRESS TERMINATION CLAUSE
11. LIMITATION OF LIABILITY FOR FACTS NOT ATTRIBUTABLE TO THE SELLER
12. ONLINE DISPUTE RESOLUTION.
13. APPLICABLE LAW AND PLACE OF JURISDICTION

PREMISES

a. Asap Ltd. S.p.a.is the owner of the website www.jeffreycampbellshoes.it which may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, linked and used without the prior consent of Asap Ltd. S.p.A.

b. Asap Ltd. S.p.a. holds the capacity of Authorized Reseller of the products on the site, by act of authorization of ABC Internet Inc. dba Jeffrey Campbell, 3327 La Cienega Pl, Los Angeles, CA 90016 (also just "Jeffrey Campbell").

c. All trademarks, logos, names mentioned are trademarks of Jeffrey Campbell.

d. On said site, Asap Ltd. S.p.a. carries out the sale of footwear (hereinafter also only "Product(s)"), pursuant to Legislative Decree April 9, 2003, No. 70 containing the regulation of electronic commerce (e-commerce) and by Legislative Decree September 6, 2005, No. 206 ("Consumer Code") as most recently amended by D. Legislative Decree No. 26 of March 7, 2023, implementing Directive (EU) 2019/2161 of the European Parliament and of the Council of November 27, 2019, with particular reference to Part III, Title III, Chapter "Of Consumer Rights in Contracts," Articles 45 et seq.

e. The Seller accepts orders from Customers who hold the status of consumers. Pursuant to Article 3, I paragraph, lett. a) of the Consumer Code, a Consumer is the natural person acting for purposes unrelated to any entrepreneurial, commercial, professional or craft activity carried out (hereinafter the "Customer").

f. If one or more sales are made to a person who does not qualify as a Consumer, these general conditions of sale and the Italian Civil Code shall apply, since the protections provided in favor of the Consumer, which reflect or comply with mandatory provisions of law, shall not be applicable to him.

g. The purchase of products is permitted only to persons who are 18 years of age or older.

h. The premises form an integral and substantial part of this Contract and the Customer declares that he/she has taken full knowledge of them and accepts their contents without reservation.

1. CONDITIONS OF USE

a. The legal conditions applicable to the Seller-Customer relationship are those in effect on the date of transmission of the purchase order. They may be modified at any time. Any amendments and/or new conditions shall be understood to be in force from the time of their publication on the Site.

b. Before placing and, therefore, proceeding with the payment of the order, the Customer is required to read these terms and conditions carefully. The placing of the order implies full knowledge and express acceptance of both the aforementioned general terms and conditions and of what is indicated in the purchase procedure. In the order confirmation e-mail, the Customer will also receive the link to download and store a copy of these general terms and conditions.

c. For all kinds of inquiries or communications, the Customer may contact the Seller using the contact page found at the url https://jeffreycampbellshoes.it/it/pages/contact-us. The Customer acknowledges, accepts and gives its consent that all communications, notifications, attestations, information, reports and in any case any documentation on the transactions performed, referring to the purchase of the Products, will be sent to the e-mail address indicated at the time of registration or, in the absence thereof, of the transmission of the order, with the possibility of downloading the information on a durable medium in the manner and within the limits provided by the Site.

2. SUBJECT

a. The purpose of this Contract is to define the contractual conditions applied to the sale in the mode of electronic commerce that has as its object exclusively the products offered and made available by the Seller on the website www.jeffreycampbellshoes.it in favor of the Customer who may hold both the quality of Consumers and Customers who do not hold this quality.

b. The Customer may make the purchase in "guest" mode or by creating an account, entering the required data in the form at the url https://jeffreycampbellshoes.it/?ew_m=f&locale=it.

c. The Customer may purchase the products displayed on the site at the time of browsing and pre-order products. It should be noted that the image accompanying the descriptive sheet of a product has a purely illustrative function and may not be perfectly representative of its characteristics but differ in color, size or in relation to any accessory products in the picture due to the settings of computer systems or devices used by Customers. Therefore, for the purposes of the purchase contract, the description of the Product contained in the description sheet/product and, subsequently, in the order form transmitted by the Customer shall be authentic.

d. The contract is executed against the Customer identified by the data entered in the order form that is transmitted electronically upon acceptance of these Terms and Conditions of Sale.

e. The products sold on the site can be delivered in the Italian territory (excluding Livigno, Campione d'Italia, Republic of San Marino and in the Vatican City State) and in the European Community (excluding Spain, Portugal, Germany, Switzerland and Austria) under the conditions best indicated in Article 7 of these Terms and Conditions of sale.

3. PURCHASING PROCESS.

a. You may only make your purchase through the website www.jeffreycampbellshoes.it.

b. Following purchase by creating an account on the Website, delivery data, and any billing data, entered by the Customer may be automatically displayed and changed as necessary.

c. Following the inclusion of one or more products in the shopping cart, the Customer displays a summary of the details and may choose to continue with the confirmation of the order. Subsequently, to conclude the contract and finally transmit the order, the Customer is asked to enter the delivery address information (which may differ from the billing address) and the payment method with the relevant details. After that, following confirmation by the Customer in the order summary (button "buy with obligation to pay"), the Seller processes the relevant payment.

d. The Contract is finalized following payment by the Customer and with the sending by the Seller of an email confirming the order. From this moment on, the contract between Seller and Customer is considered concluded.

e. The message of the sending of the order also re-proposes all the data entered by the Customer, who undertakes to verify their correctness and to communicate - no later than the first 30 minutes after the order - any corrections by email or by form at the url https://jeffreycampbellshoes.it/it/pages/contact-us. The correction made will be communicated to the Customer by email.

f. The confirmation email sent by the Seller contains:
- date and time of receipt of the order,
- a 'Customer Order Number', to be used in any further communication with the Seller,
- the information strictly necessary to summarize the essential characteristics of the product purchased, an indication of the price, the means of payment used, delivery charges and any additional costs;
- the link to the page on the site containing the 'Terms and Conditions' of Sale accepted by the Customer, so that a copy can be printed and filed.

g. The Customer, if registered, can check the status of his order by accessing the web area dedicated to him under "My Orders".

h. The Seller must be able to request by e-mail or telephone more information especially in order to properly fulfill contractual obligations. Therefore, it is the Customer's obligation to enter real data in the order form.

i. The Seller reserves the right not to execute purchase orders that do not give sufficient guarantees of solvency or that are incomplete and incorrect. In such cases, the Seller undertakes to promptly notify the Customer. In the case of submission of the order form and payment of the price, the Seller shall refund the amount already advanced.

4. AVAILABILITY AND ORDER CANCELLATION.

a. All orders for products are subject to product availability. The Site is constantly updated automatically in order to ensure maximum correspondence between Seller's availability and the availability indicated on the Site.

b. However, the simultaneous access of many user-customers and issues related to inventory management (such as supervening defects in one or more available products) may change the actual availability visible on the Site. Therefore, the Seller does not guarantee the certainty of allocation of the goods ordered.

c. In the event that a product is not available on the Seller's Site, it is possible for the Customer to request to receive specific notice of future availability by clicking on the relevant option if present in the product sheet or, alternatively, to contact [email protected] to obtain more information in relation to the possible availability and related order; the same Customer Service will inform the Customer about the availability of the product.

d. The Seller may cancel the order in case of unavailability of the products. In these cases, it shall inform the Customer by e-mail that the contract is not concluded and that the Seller has not followed up the order specifying the reasons.

e. In such cases, the Seller, before proceeding with the refund, reserves the right to propose, where possible, the replacement with similar product or other solution available upon express acceptance of the Customer. In case of non-acceptance of the replacement product, the amount previously committed to the Customer's means of payment shall be refunded as a rule to the same means of payment - no later than 14 days.
Notice of the refund is given by e-mail.

f. In all cases of cancellation of the order by the Seller, therefore for any reason, it is understood that the Seller in the presence of the aforementioned notice about the unexpected impossibility of finalizing the order cannot be declared liable for any damages resulting from the cancellation.

g. The order may also be canceled following a request by the Customer to be sent to [email protected] without charge in the only cases in which the Seller has not initiated the preparation for delivery of the order, found through the section "My orders" or through email communication of initiation of the preparation of the order. Refund of the price paid shall be made automatically, as a rule, on the same means of payment used by the Customer.

h. In the event that the order is already being prepared ready for delivery, cancellation may still be requested by the Customer, without prejudice to the Seller's right to request reimbursement of the costs of returning the goods (ex multis, transportation costs). The total costs will be communicated to the Customer following the request for cancellation. The cancellation will become effective upon the Customer's express confirmation of the costs communicated by the Seller. In the absence of acknowledgement no later than 72 hours (effective), the cancellation confirmation shall be deemed to have been tacitly provided.

5. PRICES AND PAYMENTS

a. All prices published in the catalog of the Italian site are inclusive of VAT for as specified in the individual product sheet and according to the nature of the product itself.

b. The Seller may change the sale prices of the Products at any time, without prior notice and without the need for justification and specification, in accordance with EU Directive 2019/2161 and its transposition into Italian law (i.e. by specifying in the product sheet the lowest price applied by the e-commerce in the 30 days prior to the application of the new and last reduction).

c. In the event that an incorrect and/or clearly derisory price is published, for whatever reason (error in the systems, human error, etc.), the order is cancelled, even in case of initial validation.

d. The validity of prices is always and only that indicated in the order confirmation that is sent to the Customer following the placing of the order.

e. The prices of the Products expressed in the individual product sheet do not include shipping costs that are, instead, already displayed in the order summary at the time of adding the product to the cart and in any case before the request for confirmation of the same by the Customer. Shipping costs can be changed at any time by the Seller, but the changes are not applied to orders already sent and accepted.

f. In all cases of cancellation of the order by the Seller, therefore for any reason, it is understood that the Seller in the presence of the aforementioned communication about the unexpected impossibility of finalizing the order cannot be declared liable for any damages resulting from the cancellation.

a. With specific reference to products purchased on preorder, the Customer is informed that: the entire preorder amount will be charged to the selected payment method among those available on the website at the time of purchase. shipping times are specified at the time of purchase; a shipping confirmation email is sent as soon as the order is processed the preorder cannot be canceled after the shipping confirmation is sent.

b. In all cases of preorder cancellation by the Seller due to unforeseen circumstances, the refund will be made on the same day as the preorder cancellation to the payment method used by the Customer at the time of purchase. c. For everything not provided herein, the provisions of articles 4 and 5 of these terms and conditions apply.

7. MODE OF PROCESSING, DELIVERY AND COLLECTION

a. Products purchased may be delivered to the address indicated by the Customer in the order by the date indicated in such Shipping Confirmation.

b. All orders are processed automatically without the ability to change shipping and delivery times. Delivery times for the goods ordered are purely indicative, the same may vary during the sales period and during holidays (, or due to force majeure (fires, floods, hacker attacks etc.) or due to traffic conditions and road conditions in general or by act of the Authority, as well as any delays attributable to the carrier and / or the company supplying the products.

c. Expected shipping times and related costs can be found at the following url https://jeffreycampbellshoes.it/it/pages/orders-shipping

d. The Seller will only accept orders to be delivered in the Italian territory (excluding Livigno, Campione d'Italia, Republic of San Marino and in the Vatican City State) and in the European Community (excluding Spain, Portugal, Germany, Switzerland and Austria). We do not ship to China or the United Kingdom.
e. The products will be delivered by Bartolini courier from Monday to Friday from 9:00 a.m. to 5:00 p.m. to the address indicated by the Customer when placing the order.

f. In the sole event that the ordered goods are not delivered within 30 days from the date of the conclusion of the contract, the Seller undertakes to notify the Customer of the new deadline for the shipment of the order, subject to express cancellation - and related refund - requested by the Customer, pursuant to Article 61 of the Consumer Code.

g. Unless otherwise specified in the order summary prior to making the purchase, delivery charges, where applicable, and any applicable customs duties, are the responsibility of the Customer and detailed prior to payment. The Seller reserves the right to change shipping policies at any time and give appropriate notice on the home page and in the product sheet. Payment for the goods by the Customer shall be made using the method chosen when placing the order.

h. Delivery shall be deemed to have taken place or the order delivered through the acquisition by the Customer or the recipient of the order other than the Customer or, in any case, by a third party who qualifies as such at the time of receipt of the goods of the material availability of the product which is proven by signing (by one of the aforementioned subjects) the receipt of the order at the agreed shipping address. Once the declaration of the person to whom the goods are entrusted/delivered is acquired, no liability in connection with the non-receipt of the same can be imputed to the Seller.

i. Upon delivery of the products, the Customer shall check that the packaging is intact, undamaged, or otherwise altered and with the seals of closure intact. Once accepted the package delivered by the courier as intact, the Customer is required to check that the number of items and the nature of the same correspond to what is indicated in the transport document sent to him.

j. Therefore, any damage or external discrepancies must be immediately contested to the courier who makes the delivery, putting the words "withdrawal with reserve". In the specific case of a damaged package, it is necessary to state on the courier's waybill: "withdrawal with reservation because the package is damaged."

k. Once the courier's document has been signed, the Customer may not object to any dispute about the external characteristics of what has been delivered.

l. It is the responsibility of the Customer - or the aforementioned parties - to make themselves available during the day on the days indicated for the collection of the products at the address specified at the time of purchase.

8. RIGHT OF WITHDRAWAL
a. In favor of Users who hold the quality of Consumers is granted the right to return the goods (so-called right of withdrawal) within 30 days from the day of delivery of the goods to the consumer purchaser or to a third party designated by the consumer, pursuant to Article 52 of the Consumer Code. This right is not subject to the obligation to provide a reason for the return.

b. All Jeffrey Campbell products purchased from other retailers must be returned to where they were purchased. The Customer may exercise the right of reconsideration for products purchased through the site by following the process outlined below.
- Fill out the packing slip provided upon delivery of the order, indicating the reason for return.
- Carefully pack the product to be returned in its original packaging (box) and protective paper wrapping, without removing any papers, stickers or other labels.
- Write the return address on the package JEFFREY CAMPBELL - VIA TERRACINI 4 C/O ALPI MODA 51031, AGLIANA PT - ITALY TEL. +39 0574679984 - and deliver it to the local postal service or other logistics company chosen by the Customer.
- Pay for the return label and keep the proof of shipment that will stand until the return is processed and refunded. Return shipping charges are non-refundable.

c. Notice regarding the exercise of the right of withdrawal shall be deemed perfected when it is sent by the consumer prior to the expiration of the withdrawal period. The Seller shall promptly notify the Customer with an email acknowledgement of receipt of the exercised withdrawal. The refund is expected within 5 business days of receipt and processing of the return.
d. The withdrawal period is met if the Customer returns the goods before the expiration of the thirty-day period.

e. Direct return costs for returned goods - following the exercise of the aforementioned right of withdrawal - are always borne by the Customer.

f. Following receipt of the returned product under this clause, the Seller reserves the right to carry out the necessary checks on the products and ensure that they are intact, have not been tampered with/used/washed or otherwise damaged. In the absence of defects and tampering, it shall proceed - no later than 14 days - to re-credit the price of the product(s) including any standard shipping costs previously incurred by the Customer. Any defects present on the product will eventually be charged to the refund to be made; the Seller reserves the right to retain up to 50% of the total price.

g. Please contact customer service at [email protected] for any requests for assistance with the product or the agreed return.

9.EQUIPMENT OF LEGAL COMPLIANCE

a. In case of receiving a product that is incorrect compared to what was ordered (understood as the sole case in which the error is attributable to the Seller) or damaged (due to the fault of the Seller or the courier) or altered, or, in general, non-compliant, the Customer, who is a Consumer, is obliged to report such errors and defects within 26 months from delivery, without prejudice to the alternative remedies provided for in art. 135-bis of the Consumer Code (restoration of conformity or proportional price reduction or contract resolution).

b. Under art. 135, paragraph 1 of the Consumer Code, the lack of conformity communicated by the Consumer is presumed to exist within one year from the date of product delivery, subject to evidence to the contrary provided by the Seller regarding the incompatibility of the defect with the nature of the good or the nature of the lack of conformity.

c. The authorization to return the products does not in any way constitute acknowledgment of defects or non-compliance by the Seller, whose existence must be ascertained after the return through inspection and technical analysis of the product/products. For this purpose, the Customer is therefore requested not to manipulate the product beyond what is strictly necessary and must cover the original packaging of the products with other protective packaging that preserves their integrity and protects them during transport, including from writings or labels.

d. Before proceeding with the return and the related refund, where it is not impossible or excessively burdensome for the Seller, the latter proposes repair or replacement or a similar product as a solution, which must always be expressly accepted by the Customer.

e. The Products, for which the Seller authorizes the return for the aforementioned reasons attributable to him, must be returned by the Customer following the instructions (timing and methods) provided by the Seller to book the courier or request assistance, within 14 (fourteen) days from the report of the defect or non-conformity. Therefore, in case of non-acceptance of a replacement product or repair, the amount previously committed to the Customer's payment method will be refunded. The possible refund of the price paid and the related shipping costs is made, where possible, using the same payment method used by the Customer at the time of purchase of the Product. In case, as a result of the control checks, evidence of tampering with the product should emerge, the Seller will not refund the amount paid and will promptly communicate this decision to the Customer.

f. The Customer has no right to terminate the contract if the lack of conformity is of a minor nature.

10. EXPRESS TERMINATION CLAUSE

The Seller has the right to terminate the contract in the event of proven force majeure by providing notice to the Customer and stating the reason; in this case, the Customer is entitled exclusively to the refund of any amount already paid. The obligations assumed by the Customer, as well as the guarantee of the successful payment that the Customer makes using the means referred to in art. 5, are essential, so that, by express agreement, the non-performance by the Customer of the obligations underlying the execution of the contract and the quality of the service (among others, behaviors that hinder or do not facilitate the shipment of products by the Seller) may result in the automatic termination of the contract under art.1456 of the Civil Code.

11. LIMITATION OF LIABILITY FOR EVENTS NOT ATTRIBUTABLE TO THE SELLER

a. The Seller, in the event of failure to fulfill the order within the times specified in these general terms of sale, assumes no responsibility if the non-performance or inaccurate performance results from third-party failures, customer fault, or events due to force majeure or unforeseeable circumstances, or any other event beyond the direct and exclusive control of the Seller (including, for example but not limited to, catastrophic natural events, acts of terrorism, wars, popular uprisings, lack of electrical power, general strikes by public and/or private workers, strikes and/or restrictions on courier and air travel connections, holidays (e.g., Christmas period), delays or non-production of products by the supplier).

b. The Seller is also not liable in cases referred to in art. 118 letters b) and e) of the Consumer Code, respectively, in cases where the defect that caused the damage did not exist when the Seller put the product on the market and when the state of technical knowledge at the time the Seller circulated the product did not yet allow the product to be considered defective.

c. The Seller is in no way responsible for any damages, caused to the Customer or third parties, arising from the improper use of the products and uses other than those for which they are intended.

d. The Seller is not in any way responsible for the Customer's improper use and/or disclosure to third parties of the Customer's registration/access information. The Seller disclaims any liability for direct and indirect damages, whether foreseeable or not, consequential and/or connected to the Customer's use of the Site.

e. The Seller assumes no responsibility for any fraudulent and unlawful use that may be made by third parties of credit cards and other means of payment at the time of payment for the purchased Products, provided that it demonstrates having taken all possible precautions based on the best technology and experience of the moment and based on ordinary diligence.

12. ONLINE DISPUTE RESOLUTION

Pursuant to and for the purposes of Article 14 of EU Regulation No. 524/2013, Consumer Customers residing in the Member States of the European Union are informed that, for the resolution of disputes related to this contract and the online services offered by this site, there is the possibility to resort to the Online Dispute Resolution (ODR) procedure provided by the European Commission, accessible at the following link: https://webgate.ec.europa.eu/odr/. In compliance with the aforementioned regulation, it is also communicated that the Seller's ordinary email address is [email protected].

13. APPLICABLE LAW AND JURISDICTION

These General Terms and Conditions of Sale are governed by Italian law and are interpreted in accordance with it, without prejudice to any different prevailing mandatory provisions of the country of habitual residence of the Customer. For any dispute between the Consumer and the Seller, the competent court is the one within whose jurisdiction the Consumer has their residence or domicile.

Florence, 20/11/2023

ASAP LTD SPA

Terms & Conditions

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