General conditions of Sale

General Terms and Conditions of Use and Sale


Eurshoes Group srl (hereinafter also "Eurshoes" or "provider") provides the user (hereinafter also "Customer") with site functionality and other products and services when he visits or makes purchases on b2b.jomix.com (hereinafter also the "site"), uses services provided by Eurshoes or the application for mobile devices.

By using the Site, the user declares to be aware of the following terms and conditions of use and sale, the Privacy Policy and the Cookies Policy published therein, which he accepts in full.

If the user does not accept them, he is invited not to use this Site. The following terms and conditions ("General Conditions of Use and Sale" or "CGV"), together with the further terms and conditions contained in the "Privacy Policy" and in the "Cookie Policy", govern the provision of services offered by the company Eurshoes Group srl, with registered office in Via Appia Nuova n. 669, 00179 Rome, PI/CF 14199231003, registered in the Company Register of the Rome Chamber of Commerce, email info@jomix.com, PEC eurshoesgroupsrl@pec.it.

Access to the Site and the related services is intended exclusively for Users, as identified below. The user is required to print, sign and keep these GCS.

DEFINITIONS, PREMISES AND ATTACHMENTS

For the purposes and effects of these General Terms and Conditions of Use and Sale, the following is meant:

- “User” and/or “Customer”: the legal person, located within the EU, acting for purposes related to any entrepreneurial, commercial, artisanal or professional activity carried out, or its intermediary. To this end, please note that the user with registered office outside the Italian territory, to complete the possible purchase of goods on the Site, must be registered in the VIES and/or in any case in possession of a valid and active VAT number in the country of membership or in any case be in possession of documents certifying the qualification of a company/legal person; the User is therefore required to communicate any changes in the data and company statute for tax and commercial purposes. The User is, in fact, solely responsible for the truthfulness of the data provided as a buyer;

- “Services”: the offer and sale of Products on the Site, on the App and related services;

- “Order Form”: the form in electronic format through which the user can submit a Purchase Order;

- “Purchase Order”: the purchase proposal forwarded by the user electronically to the Provider;

- “Order Confirmation”: the electronic communication with which Eurshoes notifies the user that it has received the Purchase Order, but that it has not subjected it to a data verification process and availability of the requested products;

- “Order Rejection”: means the electronic communication with which the Provider warns the user not to accept the Purchase Order;

- “Confirmation of Acceptance”: means Eurshoes' acceptance of the Purchase Order sent by the Customer, including the actual quantity of Products purchased, Purchase Price, payment terms and methods, taxes and shipping costs;

- “Limited item availability communication”: means the electronic communication with which Eurshoes notifies the user that, following the internal verification process, the quantity of available items has not reached 75% of the total quantity of items referred to in the Purchase Order, allowing the user to proceed to confirm, integrate or cancel the Purchase Order within 24 hours. In case of failure to respond within the terms indicated, the Purchase Order will be deemed cancelled;

- “Confirmation of Acceptance – Supplementary Order”: means Eurshoes acceptance of the supplementary Purchase Order sent by the Customer, including the actual quantity of Products purchased, Purchase Price, payment terms and methods, taxes and shipping costs;

- “Shipping Confirmation”: means the communication with which the Provider informs the user that the Order has been shipped, including a summary thereof and the expected delivery date;

- “Purchase Price”: the price of the Products published on the Site, net of taxes, delivery costs and any other element;

- “VIES”: VAT information exchange system.

The definitions, premises and annexes constitute an integral and substantial part of these GCS. In particular, the following documents are attached to this document: Privacy Policy and Cookie Policy

I) GENERAL CONDITIONS OF USE

We invite the user to carefully read these general conditions of use ("General Conditions of Use") before using the Services offered by Eurshoes. By using these services you accept these General Conditions of Use in full. We offer a wide range of services and therefore you may be subject to additional conditions. In case of use of a Service offered by Eurshoes (such as: The User Profile or the application for mobile devices), the user will also be subject to the guidelines and general conditions applicable to that specific service.

PRIVACY

We invite the user to consult our Privacy Policy and Cookies policies which govern the use of the Services provided by Eurshoes.

ELECTRONIC COMMUNICATIONS

When you use the Services or send communications to us via email, text message (SMS), and from your computer or mobile device, you are communicating with us electronically. Eurshoes may communicate with you in various ways, for example through email, text messages (SMS), in-app notifications, or by posting messages and communications on the site or through other Services. Without prejudice to specific mandatory legal provisions, for the purposes of this contract, the user agrees to receive communications from Eurshoes in electronic form and acknowledges that all contracts, notifications, information and other communications that are provided in electronic form and satisfy the requirement of written form, when required by law.

LICENSE TO ACCESS THE SERVICES

All rights not expressly granted by these General Conditions of Use or the Terms of Service remain with Eurshoes or its licensors, suppliers, publishers, owners or other service providers.

You may not reproduce, duplicate, copy, sell, resell, visit or in any other way exploit for any commercial use the Services offered by Eurshoes in whole or in part without our express written consent. You may not frame or use framing techniques to misappropriate any trademark, logo, or other proprietary information (including images, text, page settings, or format) of Euoshoes without express written consent from the same. You may not use any meta tags or any other "hidden text" utilizing Eurshoes' name or trademarks without Eurshoes' express written consent. The user may use the services provided to him exclusively within the limits established by law. Violation of these General Conditions of Use will result in the revocation of the authorization for use by Eurshoes.

OBJECT AND DESCRIPTION OF THE SITE

These GCS regulate the offer and sale of the Products through the Site. The sale is carried out only on a wholesale basis, within the EU, with the exception of what is provided for in this GSC for shipments.

Access to the Site and the related services is intended for use exclusively reserved for legal persons, holders of PI/VAT who act for purposes relating to their entrepreneurial, commercial, artisanal or professional activity.

The Site allows unregistered Users to browse the Site, with the exception of the pages which require registration to access. In any case, unregistered Users are not permitted to view the Purchase Prices of the Products or proceed with the purchase of the Products.

The Site allows registered users to browse the Site, view and purchase the Products.

The presentation of the Products on the Site constitutes in any case an invitation addressed to Users to formulate a purchase proposal towards the Provider. These invitations to offer are not binding for the Provider and do not constitute offers to the public pursuant to and for the purposes of the art. 1336 cc

REGISTRATION ON THE SITE

The use of the Services is permitted only to registered Users, located within the EU (limited to the countries to which Eurshoes ships its goods, see SHIPMENTS paragraph) and having legal capacity pursuant to and for the purposes of Italian law.
Registration involves entering some personal data of the user (by way of example but not limited to: company name, registered office, PI/VAT).

In order to complete the registration procedure and access the Services offered, the user is required to accept and sign these GCS, as well as possibly provide the appropriate consent to the processing of personal data.

For the purposes of correctly creating the aforementioned registration account, as well as to allow the completion of any purchases, the user undertakes the obligation to provide his/her complete, correct and truthful personal data and to keep them updated. The Provider reserves the right from now on to carry out checks regarding the completeness, correctness and/or truthfulness of the information provided by the user. If all the requested information is not provided, or if it turns out to be incomplete, correct and/or truthful, the Provider reserves the right, at its sole discretion, not to proceed with the registration and/or purchase procedure of the user on the Site and/or to request any further documents and/or clarifications from the user.

PERSONAL ACCOUNT

The access credentials are issued free of charge, are strictly personal and cannot be transferred to third parties.

The user is solely responsible for the conservation and confidentiality of his/her credentials and, consequently, remains solely responsible for all uses connected or related thereto (including damages and prejudicial consequences caused to the Provider and/or third parties ).

The user undertakes to keep the access credentials to the platform with due care and diligence and to control access to their devices. In the event of theft, loss or loss of access credentials, as well as if said credentials are, or presumably are about to be, used in an unauthorized manner, the user undertakes, without delay, to notify the Provider at the following addresses e- email b2b@jomix.com, and to change your login details.

In any case, it is understood that the user will be solely responsible for the consequences resulting from the theft, loss and/or misplacement of the access credentials to the Site.
Lender reserves the right to accept, reject and/or amend any registration and/or purchase requests at its sole discretion.

The registered user has, in any case, the right to request the deletion of his profile at any time, using the specific functionality available on the Site.

USER OBLIGATIONS AND RESPONSIBILITIES

The user undertakes to use the Site with good faith and diligence, in compliance with these GCS, the Privacy Policy and the Cookie Policy.

By using this Site and/or placing orders through it, the user agrees to: use the Site only to carry out legally valid consultations or orders, not to place false and/or fraudulent orders.

Please note that in this case, if there are sufficient elements to believe that a false and/or fraudulent order has been placed, the Provider will be authorized to cancel it and inform the competent authorities.

The user, through the use of this website, undertakes to provide the Provider with the PI/VAT number, company name, e-mail address, billing address, delivery address and/or other necessary data and/or information for the provision of the Services in a complete, truthful and correct manner.

The user accepts and undertakes not to use the Services in such a way as to cause, or may cause, interruptions, damage or malfunctions to the Services and related functions, or for fraudulent purposes, or in any case to commit illicit activities, or to cause disturbance, prejudice or apprehension.

INTELLECTUAL AND INDUSTRIAL PROPERTY

Any broader intellectual and industrial property right on the Site and on the contents and materials published therein (including, but not limited to, domain names, trademarks, patents, designs, texts, images, layout, software etc.) is and remains of the Provider and its assignors and/or assignees.

It is not permitted to systematically extract and/or reuse parts of the material and/or contents of the Site without the prior and express written consent of the Provider. By way of example, but not limited to, you may not use data mining, robots or similar data capture or extraction devices to reuse any part of the Site, or create and/or publish a database that reproduces any substantial portion (e.g., prices and product listings). ) of the Site.

In the event of any disputes regarding the violation of industrial and/or intellectual property rights, Users are invited to contact the Provider at the email address info@jomixshoes.com.

THIRD PARTY ACTIVITIES

The Site may contain spaces or links managed by third parties, for purposes related to the correct provision of the available services (e.g. manager of the online payment service).

The relationships between Users and said third parties are governed by separate contractual relationships with which the user is required to comply. The Provider has no control over such sites or resources and therefore assumes no responsibility regarding them or in relation to any loss or damage that may arise to users following their use.

PRODUCT WARRANTIES AND LIMITATIONS OF LIABILITY

The user acknowledges and accepts that the Provider operates as a mere distributor of the products and therefore does not assume any responsibility weighing on the manufacturer or on a previous seller of the same contractual distribution chain or on any other intermediary.

In the event of defects in the conformity of the Products, the User will have the right, at the sole discretion of the Provider, (i) to have the conformity of the goods restored without charge by replacement, or (ii) to a refund of the purchase price. In such cases, the User, within 10 days of receiving the goods, must contact the Provider at assistance@jomix.com, indicating the type of defect and attaching an image in .jpeg format which certifies its actual existence . The Provider will communicate the solution adopted to the email address used by the User to send the aforementioned communication, reserving the right to provide and/or request from the User any further information and/or appropriate indications, which may vary depending on the case. of type (by way of example but not limited to, sending photographs of the faulty items by other means, indication of the IBAN on which to make the refund, prior return of the faulty item, etc.). It is understood that the Products are compliant if (i) respect the description provided and possess the qualities presented on the Site, even in the event of non-substantial differences with the merely illustrative images of the Products present on the Site; (ii) are suitable for the use for which the products are normally intended; (iii) show qualities and characteristics that are normal in products of the same type and that can reasonably be expected.

To the extent permitted by law, the Provider declines all responsibility in the event that the delivered product does not comply with the legislation of the delivery country other than Italy.

In any case, the user renounces, pursuant to and for the purposes of the art. 131 Legislative Decree no. 206 of 2005, to exercise any right of recourse against the Provider.

Except in the case of willful misconduct or gross negligence, the Provider will be solely responsible for any direct and foreseeable damage at the time of conclusion of the sales contract, and in any case within the limits of the purchase price of the product in question.

The user explicitly acknowledges and accepts that under no circumstances will the Provider be liable for any losses suffered, loss of profit or any other damage that is not an immediate and direct consequence of his non-performance or that was not foreseeable at the time of the conclusion of the contract of sale.

VIOLATION OF THE TERMS OF USE

The Provider reserves the right to suspend and/or cancel the account, block access to the Site, in whole and/or in part, temporarily and/or definitively, in case of violation by the user, of also one of the obligations provided for in these Conditions and in the Privacy Policy, and in any other case at its sole discretion.

The user, following receipt of the notification from the Provider of the violation of the obligations set out in this contract, must proceed, without delay and in any case no later than 24 hours, to eliminate the causes of the dispute and/or to provide suitable documentation to support of one's reasons. In case of failure to respond within the indicated terms, or in any case if the arguments put forward by the user are not sufficient, the Provider will have the right to terminate the contract with at least 72 hours' notice of the actual suspension and/or cancellation of the account, without prejudice to the right of the Provider to take action for compensation for any damage suffered, as well as reserving the right to take the measures deemed most appropriate in the specific case, including reporting to the judicial authority.

EXPRESS TERMINATION CLAUSE

The obligations assumed by the user referred to in these "General Conditions of Use" are essential in nature, so that, by express agreement, the failure to fulfill even one of these obligations, unless determined by fortuitous circumstances or force majeure, will result in the legal termination of the contract pursuant to art. 1456 cc, without the need for a judicial ruling that produces the aforementioned effect.
However, the Provider has the right not to make use of this express termination clause and to demand fulfillment of the contract, without prejudice to the right to compensation for damages.

APPLICABLE LAW AND JURISDICTION

These General Conditions of Use are governed by and must be interpreted in accordance with Italian law.

The language in which the Contract is concluded is Italian. In the event of a conflict between any versions of the General Conditions prepared in a language other than Italian and accepted by the Customer, the meaning and interpretation of the General Conditions in the Italian language will prevail in any case.

The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Any dispute arising from these Conditions or their execution will be referred exclusively to the Court of Prato.

PROCESSING OF PERSONAL DATA

The processing of personal data owned by the Provider takes place in compliance with current legislation on the matter. For the methods of processing personal data, please refer to the Privacy Policy.

MODIFICATIONS OR CHANGES TO THE CONDITIONS

The Provider reserves the right to modify the Site, these GCS, the Privacy Policy and the Cookie Policy at any time to offer new products or services, or to comply with legal or regulatory provisions. The user will be subject to the policies and terms of the GCS from time to time in force at the moment in which he proceeds with the sending of the order, unless any changes to these terms are required by applicable law or by the competent authorities (in which case, they will also apply to orders placed previously).

BY CONTINUING TO USE THE SERVICES AFTER THE MODIFICATIONS ENTRY INTO FORCE, YOU FULLY ACCEPT SUCH MODIFICATIONS. OTHERWISE, IF THE USER DOES NOT INTEND TO ACCEPT THE MODIFICATIONS, THEY MUST CANCEL HIS REGISTRATION.

If any provision of these GCS is deemed invalid, void or for any reason unenforceable, this condition will not in any case affect the validity and effectiveness of the other provisions.

WAIVER

In the event of non-compliance by the user with these General Conditions of Use, Eurshoes' failure to exercise the right to act against the Customer does not represent a waiver by the provider to act for the violation of the obligations assumed by the user. .

MINORS

Products are not sold to minors. Products for children can be sold and can only be purchased by users who have reached the age of majority, even if the consent expressed in the website user registration forms and the "Contact us" information request form are considered validly given also by minors who have reached the age of majority. 14 years pursuant to and for the purposes of the Legislative Decree. n.101/18.

CONTACTS
For any communications, please contact the Provider at the following addresses:
- Eurshoes Group srl company, with registered office in Via Appia Nuova n. 669, 00179 Rome,
-PEC: eurshoesgroupsrl@pec.it,
-E-mail: b2b@jomix.com

Should a provision of these GCS be completely or partially null and/or ineffective, the remaining provisions of the GCS will in any case remain valid and effective.
For anything not expressly provided for in these GCS, current Italian law applies. Failure or delayed exercise by the Provider of one of the rights, faculties or powers attributed to it by virtue of these GCS will operate as a waiver limited to a single case, and will not prevent its subsequent exercise. Any granting of extensions or other forms of delay by the Provider in favor of the user will not modify in any way the responsibilities identified by these GSC for each Party.

These GCS are available in Italian, English, French, German, Spanish.

II) GENERAL CONDITIONS OF SALE

We invite you to read these General Conditions of Sale carefully before proceeding with any purchase. By making any purchase you fully accept these General Conditions of Sale. These general conditions of sale govern the sale of products and, where applicable, services through the site when Eurshoes operates as a seller ("General Conditions of Sale"). The sale of products by third party sellers will be governed by the terms and conditions of sale applicable from time to time.

CONTRACT

The presentation of products and services on the site or via the mobile application constitutes an invitation to offer. By placing an order through the Site, the user declares, pursuant to Legislative Decree no. 206 of 2005, not to have the status of "consumer".

To purchase the products, the user must complete the Order Form and select them one at a time, adding them to the cart with the relevant quantities. Once all the items to purchase have been selected, the user will be asked to choose the preferred solution for delivery, transport and payment method. At this point a summary page of the selected products, their price and the delivery and payment options (with related costs) will appear.

To submit the order the user must click on the "SEND ORDER AND PURCHASE" button.

The user acknowledges and accepts that by not submitting the order, the relevant cart may be canceled at the end of the browsing session or subsequently.
The user acknowledges and accepts that circumstances may arise that make it impossible to forward the Purchase Order (by way of example but not limited to: Purchase Order for an amount less than Euro 100.00; billing country different from the country of delivery etc).

The Purchase Order forwarded to the Provider will therefore be considered as a contractual purchase proposal addressed to the Provider for the products listed, each considered individually. Except as otherwise established in these GCS, the user acknowledges and accepts that, following the submission of a Purchase Order, it will no longer be possible to proceed with the deletion and/or modification of the submitted Purchase Order. The submission of a Purchase Order implies full knowledge and acceptance of these GCS by the user.
Upon receipt of the Purchase Order, the Provider will send a message accepting the order itself ("Order Confirmation"). The Order Confirmation does not constitute acceptance of the user's purchase proposal, but exclusively informs the User that the order has been received and will be subjected to a process of data verification and availability of the requested products. The user acknowledges and accepts that circumstances may arise which may lead to the refusal of the Provider, at its sole discretion, to process orders following the sending of the Order Confirmation. In such cases, the Provider will inform the user of the non-acceptance of the Purchase Order with a specific electronic communication ("Order Rejection").

In any case, the Provider reserves the right to propose to the user alternative products of a similar and/or similar nature to those referred to in the Purchase Order, via specific indication contained in the relevant electronic communication sent to the user and/or in the user interface of the Site. In this case, the Customer has 24 hours from receiving the proposal to decide whether to accept it or not (so-called "Supplementary Order"). In the event of failure to respond by the user within the terms indicated, the Provider reserves the right at its sole discretion not to accept the Purchase Order, in any case forwarding the "Order Rejection" to the user or the “Confirmation of Acceptance”.

If the Supplementary Order is forwarded within the indicated terms, the Provider will forward the "Confirmation of Acceptance - Supplementary Order" to the user. In such cases, the supplementary Order may be sent together with the Customer's Purchase Order.
The sales contract with the Provider will be concluded only when a separate e-mail is sent to the user which will contain detailed and definitive information regarding the precise number of Products purchased, the related Prices and shipping costs (" Confirmation of Acceptance" and/or “Confirmation of Acceptance – Supplementary Order”), including any “Supplementary Orders”. If the order is processed through multiple shipments, separate Shipping Confirmations may be sent. The user will not be able to cancel the order after sending the Purchase Order. However, the right of mandatory withdrawal pursuant to and for the purposes of Italian law is reserved.

All Purchase Orders sent to the Provider must be completed exactly in their entirety and must contain all the elements necessary for the exact identification of the Products ordered, the Customer, the invoicing and the place of delivery.

The user acknowledges and accepts that the Provider reserves the right, at its sole discretion, not to allow the forwarding and/or not to accept Purchase Orders, without the need for further reasons. In such cases, the Provider may forward the "Order Refusal" to the user.

GOODS AVAILABILITY

Given the speed at which products are replaced by suppliers, an inevitable characteristic in the fast-fashion sector, the quantities of Products ordered may not fully correspond to those available at the time of acceptance. The user expressly declares to be aware of said circumstance and, by sending his/her Purchase Order, expressly declares and agrees to keep said order valid and binding also for all those products in reference to which, despite there not being the availability requested by the user, there is in any case an availability of at least 75% of the total quantity of the Purchase Order. (so-called “tolerance threshold)”. For orders for which there is not total availability, but which nevertheless exceed the tolerance threshold, the quantity of product ordered will be determined independently by Eurshoes at a value between 75% and 100% of the quantity ordered by the user, providing to indicate the exact amount in the Confirmation of Acceptance received by the user. The user expressly declares from now on to accept this quantity as the definitive value of the products ordered above the tolerance threshold. In the event that the availability of the goods is less than 75% of the total quantity of the Purchase Order, the User will be free to either CANCEL the order or ACCEPT it in any case, by clicking on the appropriate buttons that will appear on the relevant page of the site . Eurshoes, only in the event that the availability of the goods is less than 75% of the total quantity of the Purchase Order, will be able to reserve concessions and/or advantages for the Customer by activating ALTERNATIVE OPTIONS for the conclusion of the purchase procedure, maintaining a fixed in any case the possibility of choosing to cancel the order. These concessions and/or advantages may concern shipping costs or discounts on goods already ordered.

PRICES

Registration on the Site by Users takes place free of charge and does not imply any obligation to purchase on the Site. All prices indicated on the Site are expressed in Euros and are to be understood as net of VAT, duties and shipping costs.

When placing the Purchase Order it is not possible to proceed with payment. The user will be able to proceed with payment in compliance with the terms set out in these GCS after receiving the Acceptance Confirmation/Acceptance Confirmation - Supplementary Order, containing the Products ordered and the related prices and expenses.

Shipping costs are calculated as follows: i) shipping costs for Users located in Italy are fixed and indicated in the appropriate Order Form and in the Acceptance Confirmation/Acceptance Confirmation – Supplementary Order; ii) shipping costs for intra-community Users are not fixed, but may vary based on the weight of the Order, the country of destination and the payment method chosen. They are therefore automatically calculated by the Site following the Purchase Order and included in the Acceptance Confirmation/Acceptance Confirmation - Supplementary Order.

In the event of errors in the indication of prices and/or shipping costs, the Provider will promptly inform the user of the correct amount at the email address indicated when submitting the Purchase Order. In such cases, within 48 hours of receiving said communication, the user will have the possibility to reconfirm their Purchase Order, or cancel it, by communicating to the following contacts:

-PEC: eurshoesgroupsrl@pec.it,
-E-mail: b2b@jomix.com


VARIATION OF SHIPPING COSTS

If Eurshoes decides to make the shipping of the purchased goods "free" for all Users of particular countries, specified from time to time and for a fixed period of time, this will be indicated in the promotional banners that the Customer/User will view on the site or will be advertised via email communication.

The relative cost of shipping, equal to zero, will also be indicated at the conclusion of the purchase procedure in the total calculation of the price to be paid.

Any different methods of calculating or exempting shipping costs may be identified to compensate for any returns or refunds and will be agreed in writing via email correspondence from Eurshoes with each individual Customer. Any different form of agreement will have no value between the parties.

ANY ADDITIONAL COSTS

If the goods ordered are delivered outside Italy, there may be import duties and/or taxes, payable once the order reaches the specified destination. Any additional customs clearance costs will be the sole responsibility of the user. Any customs duties and/or customs clearance costs are not predictable, as they vary depending on the legislation applicable in the country of receipt of the goods, and will be the sole responsibility of the user. In such cases, you are advised to contact your local customs office for further information.

PROMOTIONS

Promotions on products on sale will be displayed directly under each individual product with the indication of the initial price, the discount applied and the final discounted price.

Eurshoes may freely decide to apply discounts to particular categories of products on sale valid for all Customers or to grant advantages or promotions to Customers identified by category (e.g. those who have never ordered, those who have not ordered for a certain period of time. Examples a illustrative but not exhaustive title).

It may provide further affiliate and promotional discounts and coupons which, if indicated, will be cumulative with further discounts present and advertised on the site or on the App.

If there is an asterisk (*) and/or a link under the discount advertisement, the Customer is required to read the linked page or the alert created, where all the terms and conditions of the ongoing promotion will be explained in detail.

The specific indications above are taken as read and known by the Customer who accepts and purchases with the promotional discounts.

PAYMENTS

For Users located in Italy, payment may be made by credit card, Paypal, cash on delivery and/or advance bank transfer. For intra-community users, payment can be made by credit card, Paypal, cash on delivery and/or advance bank transfer.

Payment via PayPal

For payments via PayPal, please refer to the conditions and terms of use of PayPal services. The data entered on the PayPal site will be processed directly by the same and will not be transmitted or shared with the Site. The user undertakes to proceed with the payment via Paypal within two working days from receipt of the Acceptance Confirmation/Acceptance Confirmation - Order Integrative. The user acknowledges and accepts that by not making payment within the terms indicated, the relevant order will be considered canceled and the user will have nothing to claim from the Provider, without prejudice to any broader rights of the Provider. The total amount of the payment will be charged by PayPal at the time of actual payment. Once payment of the entire amount indicated in the Acceptance Confirmation/Acceptance Confirmation - Supplementary Order has been received, the Provider will process the order and send the Shipping Confirmation within 3 working days. In the event of termination of the purchase contract and in any other case of reimbursement, for any reason, the refund amount due will be credited to the PayPal account from which the payment was made. Once the credit order has been placed in favor of this account, the Lender cannot be held responsible for any delays or omissions in crediting the refund amount, to dispute which it is necessary to contact PayPal directly.

Payment by credit card

For payment by credit card, the permitted circuits are only Mastercard, Visa, Maestro, VPay and Visa Electron and the secure payment service of Paypal is used, to whose conditions and terms please refer in full, which provides that payments are processed through a secure server-to-server connection using the SSL (Secure Sockets Layer) Protocol. The confidential data of the credit card (card number, holder, expiry date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers used by the Provider. The user undertakes to proceed with payment by credit card within two working days of receiving the Confirmation of Acceptance/Confirmation of Acceptance – Supplementary Order. Once payment of the entire amount indicated in the Acceptance Confirmation/Acceptance Confirmation - Supplementary Order has been received, the Provider will process the order and send the Shipping Confirmation within 3 working days. The user acknowledges and accepts that by not making payment within the terms indicated, the relevant order will be considered canceled and the user will have nothing to claim from the Provider, without prejudice to any broader rights of the Provider.

Payment by bank transfer

In the case of an advance bank transfer, the relevant Shipping Confirmation will be sent as soon as the credit has been verified on the Provider's current account. This may take a few extra working days. Any bank transfer costs remain the sole responsibility of the user. The user undertakes to proceed with the payment by bank transfer within two working days from receipt of the Acceptance Confirmation/Acceptance Confirmation - Supplementary Order, which also indicates the data necessary to proceed with the bank transfer. Once payment of the entire amount indicated in the Acceptance Confirmation/Acceptance Confirmation - Supplementary Order has been received, the Provider will process the order and send the Shipping Confirmation within 3 working days. The user acknowledges and accepts that by not making payment within the terms indicated, the relevant order will be considered canceled and the user will have nothing to claim from the Provider, without prejudice to any broader rights of the Provider.

Payment by cash on delivery

Payment for the Products by cash on delivery must be made upon delivery of the same. In any case, payment by cash on delivery is permitted exclusively in the countries and within the amount limits indicated on the Shipping and Returns page.

Cash on delivery must be paid in cash, to be delivered to the shipper and/or carrier upon delivery of the Products. In case of payment by cash on delivery, the user acknowledges and accepts that an additional contribution may be due, the amount of which will be indicated in the Confirmation of Acceptance/Confirmation of Acceptance - Supplementary Order.

Invoices will be issued in electronic format according to legal obligations. A copy of the invoice in paper format will be included in the shipping package.

In cases where the user chooses the cash on delivery method and does not make payment to the shipper and/or carrier at the time of delivery of the goods, he will in any case be required to pay the Provider, as a penalty and upon request written by the Provider, pursuant to and for the purposes of art. 1382 cc, the immediately due sum equal to 20% of the sum due as total payment, as contained in the Acceptance Confirmation/Acceptance Confirmation - Supplementary Order, in addition to the reimbursement of shipping costs.

SHIPPING

Without prejudice to extraordinary circumstances (by way of example but not limited to, natural disasters and causes of force majeure) the Provider undertakes to do everything within its power to send the order of the product(s) indicated in the relevant Shipping Confirmation , within the date indicated in such Shipping Confirmation and, in any case, within the maximum period of 30 days from the date of the Shipping Confirmation.
In the event that the aforementioned delivery terms are not respected, the Provider will promptly inform the user, giving him the possibility of setting a new delivery date, or canceling the order, with the consequent refund of the entire amount paid. .

DELIVERIES

Deliveries will take place via express courier, indicated in the Shipping Confirmation. Users are invited to contact the courier for information and/or to communicate any requests. In any case, the Customer acknowledges and accepts that the goods travel at the Customer's sole risk.

You can check the progress of your order at any time by logging into your account on the Site.

In the event that the products have not been delivered 30 working days after sending the Shipping Confirmation, the user can send an email to the email address amministrazione@jomixshoes.com with the subject “Failure to deliver”, indicating the Purchase Order number and any notes.

After receiving the e-mail and after appropriate research, the Provider will contact the user within 4 working days to try to reach a quick solution to the problem.

The Products are delivered at the risk of the user who, in his own interest, must verify, before collection, the quantity, integrity and quality of what has been received.

Any complaints must be made directly to the shipper and/or carrier at the time of delivery.

The Provider will not be held responsible for missing or tampered products not reported directly to the shipper and/or carrier at the time of delivery.

In any case, the Provider will not be responsible for failed or delayed delivery due to causes of force majeure, such as - by way of example and not limited to - strikes, measures by the Public Authority, fires, floods, natural disasters, wars and acts of terrorism.

APPLICABLE LAW AND JURISDICTION

These General Conditions of Sale are governed by and must be interpreted in accordance with Italian law.

The language in which the Contract is concluded is Italian. In the event of a conflict between any versions of the General Conditions prepared in a language other than Italian and accepted by the Customer, the meaning and interpretation of the General Conditions in the Italian language will prevail in any case.

The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

For any dispute arising from these Conditions or from their execution, they will be referred exclusively to the Court of Rome.

CHANGES TO THE GENERAL CONDITIONS OF SALE

Eurshoes reserves the right to modify the site, policies and these General Conditions of Sale at any time to offer new products or services, or to comply with legal or regulatory provisions. You will be subject to the policies and terms of the General Conditions of Sale in force from time to time at the time you order products, unless any changes to such policies and terms are required by applicable law or the competent authorities (in which case, they will also apply to orders placed previously). If any provision of these conditions is held to be invalid, void or for any reason unenforceable, such condition shall not in any case affect the validity and effectiveness of the other provisions.

WAIVER

In the event of non-compliance by the user with these General Conditions of Sale, Eurshoes' failure to exercise the right to act against the Customer does not represent a waiver by the provider to act for the violation of the obligations undertaken by the user.

APPLICABLE LAW AND ALTERNATIVE DISPUTE RESOLUTION.

1. These General Conditions of Sale are governed by Italian legislation, and the contracts are intended to be concluded in Italy.
   The regulatory system that regulates electronic commerce contracts consists of the following rules:
   • Directive no. 2000/31/EC;
   • Legislative Decree n. 70/2003;
   • Directive no. 2011/83/EU;
   • Legislative Decree n. 21/2014.
2. In the event of disputes between Pittarello and the Customer, according to article 49 paragraph 1 letter V of Legislative Decree 6 September 2005 n. 206 (Consumer Code) the Customer can make use of the Joint Conciliation procedure. The Procedure can be started if the consumer, after having submitted a complaint to the company, within 45 days, has not received a response or has received a response that is not considered satisfactory by him. The Customer who decides to make use of the Joint Conciliation procedure is obliged to send the request to the address: conciliazione@consorzionetcomm.it or to the fax number 02/87181126. For further information, please refer to: http://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/La-Conciliazione-Paritetica.kl .
3. As an alternative to the conciliation attempt referred to in the previous point 11.2, pursuant to art. 14 of Regulation 524/2013, the Customer is informed that in the event of a dispute he can submit a complaint via the ODR (Online Dispute Resolution) platform of the European Union which can be reached at the following link: http://ec.europa.eu/consumers/ odr/ . The ODR platform constitutes an access point for users who wish to resolve disputes arising from sales or online service contracts out of court. For more information contact: b2b@jomix.com
4. If the conciliation attempt referred to in the previous point 11.2 or 11.3 is not adhered to or if this attempt has a negative outcome, the dispute will be subject to the jurisdiction of the Judge of the Consumer's place of residence.

CONTACTS


For any communications, please contact the Provider at the following addresses:
- Eurshoes Group srl, with registered office in Via Appia Nuova n. 669, 00179 Rome,
-PEC: eurshoesgroupsrl@pec.it,
-E-mail: b2b@jomix.com


Should a provision of these GCS be completely or partially null and/or ineffective, the remaining provisions of the GCS will in any case remain valid and effective.
For anything not expressly provided for in these GCS, current Italian law applies. Failure or delayed exercise by the Provider of one of the rights, faculties or powers attributed to it by virtue of these GCS will operate as a waiver limited to a single case, and will not prevent its subsequent exercise. Any granting of extensions or other forms of delay by the Provider in favor of the user will not modify in any way the responsibilities identified by these GSC for each Party.

These GCS are available in Italian, English, French, German, Spanish.

Pursuant to and for the purposes of articles. 1341 and 1342 cc the user, after carefully reading each clause, and having carefully examined the content of the provisions of the articles relating to the General Conditions of Use "Registration on the Site", "Personal Account", "User Obligations and Responsibilities" , “Intellectual and industrial property”, “Activities of third parties”, “Product Warranties and Limitations of Liability”, “Violations of the conditions of use”, “Express termination clause”, “Applicable law and competent court”, “Modifications or Changes to the Conditions”, “Waiver”, expressly approves and accepts them.


Pursuant to and for the purposes of articles. 1341 and 1342 cc the user, after carefully reading each clause, and having carefully examined the content of the provisions of the articles relating to the General Conditions of Sale "Contract", "Availability of Goods", "Prices", "Any additional costs", “Payments”, “Product guarantees and limitations of liability”, Applicable Law and Competent Court”, “Changes to the General Conditions of Sale”, “Waiver”, expressly approves and accepts them.