General Sales Conditions

1. General Information

1.1.   The sale of the products (hereinafter the “Products”) offered on our website www.valentinobymariovalentino.it (hereinafter the “Website”), is regulated under these general sales conditions (hereinafter the “General Sales Conditions”).

1.2. The Products shall be sold directly by Mario Valentino S.p.A.- A company duly organized under the laws of Italy and with legal headquarters in Via Fontanelle, 85, 80136 Napoli, Italy, Naples Company Register Rea NA-292524, and VAT Code No. 00694090630 (hereinafter “MV”).

1.3. MV reserves the right to apply, to one or more orders (hereinafter the “Order”) specific contractual conditions, reported in the order summary before the sale is confirmed by the Customer and made final (hereinafter the “Specific Provisions”). In such case, the applicable contractual conditions applicable to the single Order shall be both the General Sales Conditions as well as the Specific Provisions. Should there be any discrepancies between the General Sales Conditions and the Specific Provisions, these latter shall be intended to prevail over the former for any of the aspects specifically referred therein.

1.4. MV may at any moment modify or amend the present General Sales Conditions. The modifications shall be effective as of the moment they are published onto the Website, without prejudice to any Orders already accepted by MV, which shall continue to be regulated exclusively under the General Sales Conditions and Specific Provisions being valid at the closing of each Order.

2. Sales Policy – Sales and Product delivery limitations

2.1. The Products featured on the Website are offered to natural persons who act for purposes that do not fall within the scope of a business, industrial, or professional activity (hereinafter the “Clients”).

2.2. In consideration of the above, MV reserves the right to reject any orders originated by persons other than the Clients, and to provide, for each category of Products, a maximum number of purchasable items.

2.3. The Customer acknowledges and accepts that the Products may be delivered exclusively to the Countries included in the list found under Article 7.4 of these General Sales Conditions. The invoice and shipment address must be within the same country.

2.4. The Customer acknowledges and accepts that, for security reasons, the Products may not be delivered to a post box or to recipients and/or addresses that cannot be identified.

2.5. All the communications to the Customer will be sent by MV to the e-mail address provided by the Customer in the registration form or during the final purchase phase if the Customer is accessing the Website as a guest. Any modifications to such address must be communicated without delay to MV in writing.

3. Purchasing Procedure

3.1. Each Product offered for sale is described and shown on the Website, featuring photos of the Products, their price per unit, including VAT, and the various colours and sizes, shapes and/or formats available (where applicable).

3.2. Some Products may be visualized on the Website exclusively for advertisement purposes. Such Products are not for sale and cannot be purchased.

3.3. Even though MV adopts measures and precautions to ensure that the photographs shown on the Website are faithful reproductions of the Products, some variations may occur due to the technical characteristics and the colour resolution that the Clients uses to access the Website. Consequently, the images and the colours of the Products offered for sale may, in some cases, not match the real ones. The images and colours, thus, must be considered as indicative and as an example only. MV shall thus not be responsible for any Product failing to match the images and colours shown on the Website for the above reasons.

3.4. In order to complete each Order for the Products selected, the Customer must carefully follow the instructions and procedures provided on the Website.

3.5. The Customer must verify all the details of each Order before confirming the Order, entering all the information required on the Website. Before completing each Order, the Customer shall be asked to confirm to have read and to accept the Order. Should the Customer office decline to accept the contents of the Order or the General Sales Conditions, the Order cannot be completed.

3.6. Before the final confirmation, the Order may be modified or corrected. Once confirmed, the order may not be modified, but only cancelled, except for the case described in Article 5.4 below, and when mandatory rules of law require so.

3.7. Upon completing the purchasing procedure, the Customer is advised to download, save, or print all the conditions relating to the Order, including the General Sales Conditions applicable at the time the Order is completed. The Customer shall also receive an e-mail (hereinafter “E-mail”) confirming that the Order was received, and a summary of the information already reported in the Order form (i.e., Customer data, delivery options and address, indication of the model, colour, and size/dimension of the Products selected, the price applicable and delivery fees).

3.8. Clients who have registered on the Website may at any time monitor the status of their Order, by accessing the “Customer Area” section. In any case, the Order status may be monitored by any Client, by calling the Customer Care phone number (hereinafter “Customer Care”) provided in the Website in the “Contact www.valentinoshoes.com” section.

3.9. Each Order confirmed by the Client is automatically forwarded to Mario Valentino S.p.A., and recorded with the company’s offices located in Via Fontanelle, 85, 80136, Napoli (NA).

4. Prices and payment procedure

4.1. The Prices of the Products indicated in the Website are expressed in EURO and include VAT.

4.2. The total amount of each Order shall also include any applicable delivery fees, calculated according to the specifications listed under Article 7 “Delivery fees”.

4.3. MV reserves the right to modify the prices for the Products offered for sale at any time and without notice. Such modifications shall be valid starting on the moment they are published on the Website, without prejudice to any Orders already confirmed by the Client, for which the prices applicable at the time each Order was concluded shall continue to be valid.

4.4. The Products may be paid exclusively via credit card. The accepted credit card types are indicated in the Website’s “Payment Methods” section.

4.5. The payment operations through credit card shall be governed by the rules and regulations adopted by each single credit card circuit, including with regard to any spending limits.

4.6. The confirmation that each Order was successfully concluded shall take place only after the credit card data have been confirmed and the payment has been authorized by the Client’s credit card issuer. The applicable amount shall be charged on the Client’s credit card exclusively after each Order has been shipped for delivery.

4.7. It is expressly understood and acknowledged that, as each Order is forwarded to the appropriate MV department, the Client receives an e-mail to confirm that the Order has been processed. In some cases (when the Order is processed exceptionally quickly), the above confirmation e-mail may be omitted, and the Client shall only receive the confirmation that the Products have been shipped for delivery.

4.8.   The credit card data shall be handled with outmost privacy, directly by the credit card circuit administrator. MV is not responsible for any fraudulent and illegal credit card activity by any third party upon payment of the products purchased through the Website www.valentinobymariovalentino. On such regard MV reserves the right to cancel any transaction and cancel any Orders in case such activity should be reported to MV. In order to ensure greater security, additional information or documents may be requested, without which MV reserves the right to deny the transaction.

5. Product Availability

5.1. The Customer acknowledges that the supply of Products offered on the Website is limited.

5.2. On occasion, one or more Products may not be available. In such case, MV shall inform the Customer via e-mail, within 20 days of the date of completion of the Order.

5.3. Should none of the Products ordered by the Customer be available, the Customer Care office shall send an e-mail to the Customer to inform them that the Order cannot be processed and that MV shall annul the relative Order. In such case, no charge shall be made to the Customer’s credit card.

5.4. In case only one or more of the Products in the Order should be available, the Customer Service office shall send the Customer an e-mail detailing the article not being available. The Order shall be processed for the available Products, and the Customer shall be charged solely for the amount corresponding to said Products, unless the Customer should inform MV, in writing, that they intend to annul the entire Order.

6. Shipment and Delivery

6.1.   MV undertakes to process each order within 2 working days following the date of order confirmation. The time of preparation may vary during the holidays or business closure. In such cases, MV undertakes to process each order within 24 working days starting from the working day following that in which the Customer has sent the Order.

6.2. As soon as the Products are dispatched, the Client is informed via e-mail.

6.3. The Customer Care Office is available to Customers to provide assistance as to the Order status and for any issues relating to shipment or delivery. The service, nonetheless, may suffer delays and/or interruptions during the periods in which the company is closed.

6.4.  MV’s couriers are DHL, Poste Italiane and Fedex.

6.5.  Upon delivery of the products, the Customer is required to check the package before accepting. In particular, it is important to verify:

• The packaging is not damaged or altered.
• Any damage to the packaging and/or the product must be immediately indicated on the courier’s delivery note, with the words "It is accepted subject to control" indicating the type of visible damage.
• Any problems must be reported, at customer@valentinoshoes.com, within 7 days of delivery to allow us to proceed with the appropriate checks. 
  
  

6.6.  If the Customer has signed the delivery slip without reservations, the Customer may not move any claims at a later time, without prejudice to the provisions of Article 9 relating to hidden defects.

6.7.   In case of failure in the Products’ delivery, or should the delivery slip contain a report of missing articles as compared to the Order, MV shall reimburse the Customer as quickly as possible.

7. Delivery Fees

7.1.   Delivery costs are charged to the customer unless otherwise indicated in the Datasheet section of the Product. The amount of such costs (including VAT), which can vary depending on the delivery method chosen by the customer, the destination, the number and the weight or volume of the Products that the customer decides to purchase, will be clearly and separately indicated in relation to the single Product in the Datasheet of the Product and, in any case, before the customer sends the purchase order.
This amount will later be shown in the "Order Confirmation" and "Shipping Confirmation" e-mails.

7.2. Where foresee, the customs duties and charges shall be paid to the customer, which will not be refunded in the event of termination, for any reason, of the purchase contract. In any case, the amount due by way of non-refundable charges and customs duties upon termination of the sale contract, will be explicitly indicated in the purchase procedure, before the customer transmits the order.

7.3. The delivery fees are shown, together with all the other costs relative to the purchase, upon conclusion of the procedure to fill each Order, and before the final confirmation.

7.4. Unless otherwise specified in the Order, all delivery fees are determined on a flat-rate basis, and shall be charged as indicated below:

Country of Destination	Standard	Express Saver
Austria	0	€ 25,00
Belgium	0	€ 25,00
Bulgaria	0	€ 25,00
Cipro	0	€ 25,00
Croatia	0	€ 25,00
Czech Republic	0	€ 25,00
Denmark	0	€ 25,00
Estonia	0	€ 25,00
Finland	0	€ 25,00
France	0	€ 25,00
German	0	€ 25,00
Greece	0	€ 25,00
Hungary	0	€ 25,00
Ireland	0	€ 25,00
Latvia	0	€ 25,00
Lithuania	0	€ 25,00
Luxembourg	0	€ 25,00
Malta	0	€ 25,00
Netherlands	0	€ 25,00
Poland	0	€ 25,00
Portugal	0	€ 25,00
Romania	0	€ 25,00
Slovakia	0	€ 25,00
Slovenia	0	€ 25,00
Spain	0	€ 25,00
Sweden	0	€ 25,00

8. Right of withdrawal

8.1. Pursuant to Art. 52 of Legislative Decree 206/2005, as modified by Legislative Decree 21/2014, the Customer may withdraw from these conditions and therefore from the purchase agreement for any reason, without stating any justification and without incurring any penalty, within 14 (fourteen) working days from the date of receipt of the order. After such 14-day term, the Order may no longer be withdrawn.

8.2. To exercise the right of withdrawal referred to in Article 8.1 above, the Customer must sent MV a notification email to this effect within the deadline indicated to customer@valentinoshoes.com. In case of exercise of such right to withdraw, the Customer must return, within the above period, the Products to MV, handing them to a courier together with the return form (hereinafter, “Return Form”) included in the Products package, duly filled out. The customer must return the products at their own expense to MV within 14 (fourteen) days of their withdrawal.

Shipping address: Mario Valentino S.p.A. Via Fontanelle, 85 80136 NA (Italy)

8.3. The Product must be returned intact, complete in all their parts and in their original packaging (envelopes and packaging), having been kept and used only for the time strictly necessary to establish and verify their condition, features and size, in accordance with normal diligence, there being no signs of wear or dirt and in compliance with the following conditions:

• the right to cancel may be applied to the purchased product as a whole; it is not in fact possible to return only part of the purchased product (for example: accessories, complementary items, etc.);
• in order to cancel, the product must be complete and returned in its original packaging, complete in all its parts (including packaging and any documentation and accessories: labels, cards, tags, seals, etc.);
• The Customer must enclose the Return form, duly completed in all its parts, with the returned product;

8.4. Transport expenses (and any customs duty, if applicable) arising from the return of the goods shall be borne exclusively by the Customer:

• until confirmation of receipt by the warehouse indicated by MV is given, liability for transport shall be borne solely by the Customer and must be carried out by express courier with the possibility of tracing the shipment.
• MV shall not be liable in any way for damage, theft or loss that occurs during or as a result of a shipment made for the purposes of returning goods.
• MV may withhold the refund until the returned product is properly received or until Customer demonstrates that the product has been correctly returned, whichever is earlier.

8.5. If the right of withdrawal is not exercised as above indicated, MV shall not accept the returned Products, and send the Products back to the Customer charging the additional shipment costs.

8.6. Should the right of withdrawal be validly exercised, MV shall re-credit the amounts charged for the Products being returned – net of any shipment costs – as quickly as possible, and in any case within 14 days of the date of receipt of the Products. MV shall arrange to refund the Customer by transferring the debited amount, via the same payment method used by the client for the initial transaction, unless otherwise agreed. In any case, the client shall not bear any expenses incurred as a consequence of said refund.

8.7. The above amounts shall be considered reimbursed within the prescribed term when they are re- credited with value date not preceding the expiry of said 14-day term. MV may not, in any case, be deemed liable for any delays in the actual re-credit which may be attributable to the Banking Institution and/or the provider of the credit card used to purchase the Product.

8.8. MV shall arrange to return the purchased product to the sender, debiting the shipping costs from the same and, if already refunded, the price of the product. In any case, the client shall forfeit the right to cancel should MV establishes that:

• that the returned product and/or its accessories, and/or its packaging are not intact;
• that the product is without its external package and or the original internal packaging;
• that the product is missing some of its integral parts and/or accessories (for eg., fastenings, ties, buckles, etc.).

9. Product exchange

9.1. In certain circumstances, detailed below, the Customer is entitled to exchange the purchased products with other products, in place of receiving a refund of the relative sum. The request for an exchange of the product is subject to the following conditions:

1. Customer may request to exchange one or more purchased product within and not later than 14 (fourteen) days of the day he/she receives the products, by filling in the Return Form and communicating by e-mail to: customer@valentinoshoes.com within the aforementioned deadline. The products to be replaced should be returned within 14 (fourteen) days of the day of receipt;
2. Customer may only request the replacement of one or more purchased products with products of the same model, but in a different size and/or colour;
3. Customer may only submit a single replacement request for each product purchased;
4. the products for which the Customer requests the replacement must be returned to MV in their original packaging, they must not have been used, worn, washed, modified or damaged, and they must still have their identification tag; used for the time strictly necessary to establish and verify its nature, characteristics and size;
5. the products to be exchanged that are part of a single order must be returned in a single shipment charged to MV;
6. MV reserves the right to refuse products of the same order that are shipped for replacement in different stages.

9.2. If all the above conditions are correctly fulfilled, once the Customer have filled in and transmitted the Return Form containing the request for goods replacement, MV will process said request by sending you a relevant confirmation email. If such conditions are not met, MV will inform the Customer and will deliver back the product to the same at Customer’s expenses.

9.3 After receiving the products to be exchanged, MV will inspect the products to check that all the above requirements have been fulfilled; MV will then verify the actual availability of the replacement products in its warehouses to ensure that the size and/or colour you have selected are available.

9.4 If the selected replacement products are not available in the warehouse, MV will not be able to accept the request for an exchange and will refund the Customer the original price of the products originally purchased in accordance with the procedures specified in the Return Policy. Customer will be contacted by MV Service if his/her request for an exchange cannot be accepted.

9.5 If the selected products are available in the warehouse, MV will accept the request for an exchange and will send to the Customer an email confirming the shipment of the replacement products. Shipment will occur within thirty (30) working days of the date from which MV was made aware of the request for exchange, once the condition of the products for exchange as detailed above has been verified.

9.6 In order to replace the product, the Customer may use the courier indicated by MV, duly notified by email during the processing of the claim. It is understood that the Customer is free to use other couriers and MV will bear all shipping costs.

10. Guarantee

10.1. Products are under legal guarantee of conformity according to articles 128 and following of Legislative Decree no. 206/2005 (“Consumer Code”). This guarantee is reserved for Customers. Therefore, MV is liable to Customers for any lack of conformity of the Products existing at the moment of delivery of Products and which arises within 2 (two) years from such delivery. In this case, the Customer has a right to have the Products restored to their original specifications, at no cost, through repair or replacement, or to an appropriate reduction to the price of the Product, or to termination of the purchase agreement, pursuant to article 130 of the Consumer Code.

10.2 MV reserves the right to assess the defects and non-conformities reported by the Customer and, after having carried out qualitative checks to verify the actual non-conformity of the Product, will provide feedback, by e-mail to the address provided during the registration process on the Site or placing the order. If a defect or nonconformity is detected, the Consumer is entitled to have the right to repair or replacement of the product if specifically requested; if such remedies are not feasible or excessively expensive, as well as in other cases foreseen for by law, the Consumer shall receive a refund of the price paid, using the same payment method used during the initial transaction.

10.3 Customers are no longer entitled to the above rights if they fail to report the lack of conformity to MV within the term of two months from the date of detection. Any action to enforce any rights relating to a lack of conformity not fraudulently concealed by MV expires, in any case, at the end of twenty-six months from the day of delivery of the item.

10.4. The necessary costs to ensure that Products are brought into conformity, including shipping costs, shall be borne entirely by MV.

10.5. The Customers acknowledge that it will not be possible to return non-compliant Products purchased through the Website to any physical MV shop or authorised retailer.

10.6. For the purpose of returning any defective Products, the Customer must inform, by e- mail (customer@valentinoshoes.com), the Customer Care office, which shall activate a practice. To know more about how we process and protect your data, please read here.

10.7. The Customer must return the defective Products to MV, handing them to the courier to be shipped, together with the Return Form included in the Products packaging, duly filled out.

10.8. The Products, to the extent possible, must be returned in their original state and packaging, with their tag still attached.

10.9. To return the defective Products, the Customers may use the courier indicated by MV. All the information regarding this process is contained in the Return Form included in the Products’ packaging. It is understood that the Customers may choose to use other couriers; in any case all shipment costs shall be entirely borne by MV.

11. Applicable law and disputes

10.1. These General Conditions and, therefore, the Contracts executed with the Clients, shall be governed by, and will be interpreted in accordance with Italian laws (including the Legislative Decree of 6 September 2005, No. 206 -“Consumer Code” -and specifically “Capo I, Titolo III of Part III - and the Legislative Decree of 9 April 2003, No. 70 -“Ecommerce Decree”).

10.2. Any disputes relating to the Orders and/or these General Sales Conditions must be submitted before the Court having jurisdiction over the place of domicile or residence of the Customer based on the applicable law, or, as chosen by the Customer, the Court of Naples.

11. Contacts

11.1. For any additional information, assistance, or query, the Customers are invited to send an email to the following address: customer@valentinoshoes.com, or to contact the Customer Care office of Mario Valentino S.p.A., Via Fontanelle, 85, 80136 Napoli (NA) Italy.