(1) The company Ernesto Dolani s.r.l. (hereinafter “Ernesto Dolani” or the “Supplier”) sells products under the brand name “Ernesto Dolani”.
(2) These General Conditions of Sale apply to all remote sales of Ernesto Dolani products on the website ernestodolani.it, including assistance provided by customer care. Remote sales as regulated in this document were conceived in accordance with applicable national laws and the European Directive on consumer rights (no. EU 2011/83) as an active item in this system.
(3) Use of the remote sales service described here is limited solely to consumers. The term “consumer” refers to any natural person who concludes a legal agreement for purposes generally unconnected to trade, business or profession. The re-sale, rental or transfer for commercial or professional reasons of products purchased from this website is strictly prohibited.
(4) Ernesto Dolani may change these General Conditions of Sale at any time.
(5) These General Conditions of Sale are published on the website to allow customers to read, store and reproduce them.
(6) It is understood that by placing an order on the ernestodolani.it website, the customer is aware of and fully and unreservedly accepts these General Conditions of Sale.
(7) These General Conditions of Sale do not govern the provision of services nor the sale of goods by any other than Ernesto Dolani, including in cases where these are shown on the official website via links, banners or other hypertext associations. Therefore, prior to placing an order and/or purchasing products and services from other sources than the Supplier, customers are invited to check the relevant conditions of sale. Under no circumstances can the Supplier be held responsible for the provision of services by third parties.
(8) Consult the privacy statement for information on the processing of customers’ personal data.
(1) Orders can be placed directly by competent adults.
(2) Customers are required to provide Ernesto Dolani with a valid email address for the receipt of information requested, the information contained in these General Conditions of Sale and information about their order, where applicable.
(3) Every remote purchase order made by customers and covered by these General Conditions of Sale may relate to one or more products.
(4) Ernesto Dolani reserves the right to change the limits on the quantity and/or type of products that may be purchased online at any time.
(5) The customer is responsible for choosing the items which interest them. The customer’s basket and the order summary sent to the customer following the purchase include a description of the items ordered, including sizes and dimensions (where applicable).
(6) Ernesto Dolani takes all necessary steps to ensure that the photographs shown on the website are a faithful representation of the original products, including the use of technology to minimise inaccuracies. Nevertheless, variation may occur as a result of the technical characteristics or colour resolution of the customer’s computer. Consequently, any confirmation of the condition of a product is subject to the limitation of potentially inaccurate images on the customer’s computer. For the technical reasons given above, Ernesto Dolani does not guarantee the identity and graphic representation of products shown on its website in terms of inspection.
(7) Customers should click on the basket icon to view items selected and the total price. Customers are invited to check the contents of the basket prior to completing the order form in accordance with the instructions given on the website.
(1) Product prices are inclusive of all taxes and shipping costs, unless otherwise specified in the Shipping and Delivery section of the website ernestodolani.it, or on the order page.
(2) Customers should view the prices of all products before completing the order. All prices are given in euros/local currencies, as stated on the ernestodolani.it website or on the order page, and are inclusive of VAT.
COMPLETING THE ORDER
(1) The purchase is complete once the customer has confirmed the order. Once confirmed, the order is sent directly to Ernesto Dolani.
(2) Customers may amend or cancel an order before completion by leaving the website without confirming the order.
(3) The General Conditions of Sale are always available on ernestodolani.it.
(4) Ernesto Dolani considers the customer’s order binding when the entire purchase process has been duly completed without errors detected by the website. The contract between Ernesto Dolani and the customer is considered concluded when the customer receives confirmation from Ernesto Dolani of the completion, sent via email to the address indicated during the order process, along with the purchase agreement.
(5) Prior to sending confirmation of the positive conclusion of the contract, Ernesto Dolani reserves the right to decide whether or not to accept orders which do not provide sufficient evidence of completion, are incomplete or incorrect, or if products are unavailable. In this case, Ernesto Dolani will inform the customer that the contract is unfulfilled, and that the order is not being processed, and provide reasons. Customers will be informed of this within 30 days of sending the order to Ernesto Dolani. Any payment already made by the customer will be refunded.
(6) Following the conclusion of the contract, the customer will receive written confirmation of the order to the email address indicated, showing the order number, date of purchase, products ordered, price and the sum paid.
(7) Customers can access the order and these General Conditions of Sale in the My Orders section of the website, which also includes order history and printable versions of these documents.
(8) Customers may cancel the order via Ernesto Dolani Customer Service only until the products ordered have been prepared for shipping.
(1) The customer must make the payment by one of the methods indicated on the order form.
(2) In order to prevent internet fraud, payments made via the ernestodolani.it website are processed by Stripe.
(3) Ernesto Dolani does not charge for payments. You may be charged bank fees where applicable.
(4) If for any reason money owed by the customer cannot be debited, the sales procedure and the purchase will be cancelled automatically.
LIMITS OF OWNERSHIP
(1) Goods delivered remain the property of Ernesto Dolani until full payment is received.
(1) Following the sending of the order via the ernestodolani.it website, the customer can monitor the status of the order at My Orders.
(2) Customers may email Ernesto Dolani Customer Services and request information about delivery.
(3) Items are delivered to the address indicated by the customer only once payment has been recorded. Ernesto Dolani processes orders within a maximum of 15 days after the order date once payment has been received, except where Ernesto Dolani informs the customer within the same time period that the order has not been accepted, in accordance with article 4 above.
(4) Customers can choose from the following delivery options, as indicated on the checkout page: i. Normal shipping: delivery in 2-3 working days or up to 5-6 working days (depending on country). ii. Express service: available for most items; delivery in 2-3 working days. All available delivery options for the order and their costs will be shown at the checkout.
(5) Delivery dates are purely indicative.
(6) All shipping costs, including additional costs payable by the customer, are indicated in the order form when purchasing on the ernestodolani.it website. Additional shipping costs are not refunded in the event of changes or returns.
(1) Ernesto Dolani’s responsibility for any defective goods is governed by the relevant legislation.
(2) Any lack of conformity in products purchased on ernestodolani.it are covered by the Legal Guarantee of the Italian Consumer Code.
(3) The customer may not make claims for defective products if the defects are the result of modifications made by the customer or by third parties, unless the customer can prove that the defect already existed when the items were delivered.
RETURNS AND REFUNDS – WITHDRAWAL
The customer’s right to withdraw must be exercised as follows.
The right to withdraw must be exercised by the customer within 14 (fourteen) days of the date of delivery to the customer or a third party. To exercise the right to withdrawal, the customer should complete the form in the Customer Care section of the ernestodolani.it website. The company reserves the right to consider return requests on the following basis. For the return to be accepted by Ernesto Dolani, the product must be returned within 14 days from the date the product was received, and must comply with the following conditions:
1. Products must be returned in their original packaging (box, accessories, tags, protection, illustrative leaflets etc).
2. Products returned by customers must not be damaged, worn or washed, but they may be handled and examined to ascertain their nature and characteristics. The soles of shoes and boots must be perfectly intact. Ernesto Dolani strongly advises customers to try the shoes on an extremely smooth surface.
3. Damaged goods returned must be in the condition in which they were received; the customer should not attempt to alter, manipulate or repair them.
Ernesto Dolani reserves the right to refuse returns of products which have been damaged, are incomplete, deteriorated and/or dirty or in any state indicating clearly that the items have been used; products returned after the time period stated above or sent without a return form.
Shipping of returned goods, collection of the package and replacement of the returned products where applicable are solely payable by Ernesto Dolani.
Ernesto Dolani also reserves the right to request the reimbursement of any damage caused by the customer’s neglectful or wilful conduct when returning the goods. Ernesto Dolani cannot be held responsible for products lost or stolen outside its control, or for returns sent to the wrong address, or delays in the delivery of returned goods outside its control; it being understood that the customer takes all risks associated with the return. The customer is also required to provide proof of the return.
In the event of withdrawal, the customer will be refunded all payments made to Ernesto Dolani, using the same payment method as for the purchase, and for the product to which the withdrawal applies.
Ernesto Dolani will refund this amount on reception of the returned goods, having checked them for conformity, or when the customer proves that the goods have been duly sent to Ernesto Dolani.
Refunds are made using the same payment method as the purchase. There is no charge to the customer for returns.
LIMITS OF RESPONSIBILITY
(1) Requests for damage compensation by customers will not be admitted, except in the following cases: requests for compensation of damage caused by injury to life, body or health, or the violation of essential contractual obligations (cardinal obligations), or other damage due to intentional or grossly negligent violation of duty by Ernesto Dolani, its legal representatives or associates. The relevant contractual obligations are those whose fulfilment is necessary to achieve the aim of the contract.
(2) In the event of violation of essential contractual obligations, the supplier is responsible solely for foreseeable damage typical of the contract, where this is caused by simple negligence, unless the customer requests damages for injury to life, body or health.
(3) The limitations stated in paragraphs (1) and (2) also apply to legal representatives and associates of the supplier, where credit is paid directly to them.
(4) Without prejudice to the relevant legislation regarding product responsibility.
AUTHENTICITY OF THE PRODUCT AND INTELLECTUAL PROPERTY RIGHTS
(1) Ernesto Dolani guarantees the authenticity and quality of all products sold on the website ernestodolani.it.
(2) It is strictly prohibited to reproduce wholly or partially, modify or use designs, models or patents, which are the sole property of Ernesto Dolani s.r.l.
(1) Services provided by Ernesto Dolani s.r.l. may be suspended in the event of unforeseen circumstances or force majeure which obstruct or delay operations.
(2) Ernesto Dolani will inform customers of such unforeseen circumstances or force majeure as quickly as possible. If the suspension of services lasts more than 15 days, the customer may cancel their order and receive a refund for the amount paid.
(1) Customers can obtain information about how Ernesto Dolani processes their personal data at any time by reading our Privacy statement.
COMPETENT COURT AND APPLICABLE LEGISLATION
These General Conditions, along with any extra-contractual obligation that may arise from or be associated with them, are governed by Italian law and must be interpreted on the basis of this (with the exception of laws regarding international private legislation); without prejudice to the binding laws of the customer’s place of residence. Any disputes arising from or related to the General Conditions or any extra-contractual obligation arising from or related to them will be handled solely by the Italian courts, or by the courts of the customer’s place of residence where obliged by an imperative rule in applicable legislation. In the event of discrepancy between the General Conditions of Sale in Italian and another language accepted by the customer, the meaning and interpretation of the same in Italian takes priority.