1.1 The General Conditions of Sale published herein shall govern the agreement of sale (hereinafter, for the sake of brevity, the “Agreement”) to users of the website (hereinafter, for the sake of brevity, the “Purchasers” or “Purchaser”), through electronic means, of goods (hereinafter, for the sake brevity, the “Item” or “Goods”) displayed on the website www.eral55.com (hereinafter, for the sake of brevity, the “Website”), managed by Eral 55 di Ermanno Lazzarin S.a.s. with headquarters in Piazza XXV Aprile 14, postcode 20124, Milan, Italy, VAT No.: 02857750158 (hereinafter, for the sake of brevity, “Eral 55”).
1.2 The General Conditions of Sale published on the Website shall be viewed and acknowledged by the Purchaser prior to the purchase of an Item; by sending the purchase order, the Purchaser acknowledges having reviewed and accepted said conditions.
1.3 Moreover, Purchasers will benefit from the protection provided for in the event of entering into distance agreements pursuant to Title III, Section II, of the Legislative Decree No. 206 of 6 September 2005 (“Consumer Code”), as well as all further statutory protections set out for Purchasers under the same Consumer Code http://www.codicedelconsumo.it/.
1.4 The sections “Shipping and Delivery”, “Returns and Exchange”, “Payment” on the Website shall be considered to be an integral and substantial part of these General Conditions of Sale.
2. Conclusion of the Agreement
2.1 In order to purchase Goods, the Purchaser shall send their purchase order and carry out payment according to the procedures described in the relevant sections.
2.2 In particular, the steps to proceed with a purchase are as follows:
a) the Purchaser may have free access to the Website and view the main features of the displayed Goods, including their price, as well as the images published to illustrate the Goods themselves;
b) the Purchaser can select one or more Goods which he/she intends to purchase, by including them in a virtual “shopping cart”. The contents of the shopping cart can always be viewed by the Purchaser prior to placing the order; moreover, by accessing the shopping cart,
the Purchaser can find out, before buying and paying, any information related to the purchase of the Goods, including shipping charges and estimated delivery times;
c) to make the purchase, the Purchaser shall register on the site, by providing their e-mail address and choosing a password, which will allow them to access the Website;
d) in order to complete the order, the Purchaser shall also enter the shipping address and data required for payment in the “shopping cart” section;
e) the Purchaser may change the selected Goods and data entered up until the final submission of the order, which takes place by selecting the “Payment” button.
2.3 The Purchaser can make payment by credit card or PayPal. More in-depth information regarding payment methods is available in the “payment” section of the Website.
2.4 Once the purchase order has been received, Eral 55 will send an order confirmation receipt to the Purchaser’s e-mail address containing a summary of the information in relation to the purchase and will proceed with the order itself. In any case, the order shall be deemed to be accepted and, consequently, the agreement shall be deemed to be concluded when the Purchaser receives the order confirmation in his/her e-mailaccount.
3. Rights and Obligations of the Parties
3.1 Eral 55 will carry out the delivery of the Goods to the address provided by the Purchaser in the purchase order, using a dedicated carrier. More in-depth information regarding the shipping timeframes, costs and locations can be found in the “Shipping and Delivery” section of the Website.
3.2 Eral 55 assumes no responsibility for any errors in delivery due to inaccuracies or incompleteness when filling in the purchase order by the Purchaser, or for any damage incurred by the Goods after delivery by the carrier, or for any delivery delays caused by the carrier, weather conditions, international customs issues or by other circumstances which are beyond Eral 55’s control.
3.3 In the event that one or more Goods are unavailable, Eral 55 will notify the Customer by sending an e-mail to the e-mail address he/she provided at the time of registering on the Website. In this case, Eral 55 will refund the Customer – by crediting the Purchaser’s payment card or account provided for purchase – for the sale price and also, where the purchase relates only to the one Item which is unavailable, the shipping costs. Subject to the Purchaser’s consent, Eral 55 may send an Item other than the one ordered, of equivalent value.
3.4 In any event, the unavailability of one or more Goods ordered shall not provide grounds for cancellation of the entire order by the Purchaser.
3.5 At the time of delivering the Goods by the carrier responsible for their transport, the Purchaser shall check, in the presence of the carrier:
a) that the packaging used to transport the Goods is undamaged and not tampered with, even only in the materials used to seal the Goods;
b) that the quantity and type of Goods ordered is as indicated in the delivery note and order.
3.6 Should the Purchaser find any irregularities or discrepancies, he/she must immediately notify the carrier upon delivery of the Goods.
3.7 The Purchaser is solely responsible for the accuracy and correctness of the information and data he/she provides to Eral 55 and shall undertake to promptly notify them of any changes in the previously provided data.
4. Conformity of the Goods
4.1 Eral 55 shall undertake to ensure that the description and/or photographic representation of the Goods on the Website are as faithful as possible to the Goods themselves.
However, given the fact that the image quality may depend on the IT tools used by the Purchaser, the Purchaser’s perception of the description or photographic representation of the Goods may not correspond exactly to the Goods themselves; therefore, the images and videos accompanying the presentation of the Goods must be published on the Website as a mere description.
4.2 In the event that the Goods delivered are found to be faulty or different from the Goods ordered, Eral 55 shall undertake to provide the Customer with a legal guarantee of conformity, to be effective under the terms and conditions pursuant to Articles 128 et seq. of Legislative Decree No. 206/2005. In particular, the Purchaser shall have the right to request, as an alternative:
a) the delivery of Goods which are identical to those ordered according to stock availability, or
b) the delivery of equivalent Goods in quality and price according to stock availability, or
c) the refund of the price of the Goods and shipping costs.
4.3 The guarantee provided for in this article shall apply only when the Goods have been handled with due diligence and in accordance with their intended purpose, as well as upon the Purchaser presenting the delivery note received and order number.
4.4 In any case, the guarantee referred to in this article shall not apply with regard to defects resulting from the Item’s normal wear and tear.
5.1 In accordance with the provisions of the Consumer Code, the Purchaser is entitled to withdraw from the agreement without paying penalties and without specifying their reasons, starting from the receipt of the order confirmation sent by Eral 55 and within fourteen working days from receipt of the Goods.
5.2 Should he or she wish to exercise this right of withdrawal, the Purchaser shall send the relevant notification to Eral 55 within said period of 14 working days from the date of delivery of the Goods.
5.3 In the case of exercising this right of withdrawal, the Purchaser is also obliged to return the Item(s) to Eral 55 no later than two weeks from the sending of said notification.
5.4 More in-depth information concerning the procedure and instructions to be followed to exercise the right of withdrawal and related expenses can be found in the “Returns and Exchange” section of the Website.
5.5 An essential condition to exercise the right of withdrawal will be the substantial integrity of the product being returned. It is sufficient that the Goods be returned in a normal state of preservation, being safeguarded and, where necessary, handled using normal diligence.
5.6 In particular, the Goods must be returned:
a) properly packaged in their original packaging, in perfect condition for resale (not ruined, damaged or dirtied) and with all accessories and documentation where present;
b) bearing the delivery note (found in the original packaging), to allow Eral 55 to identify the Purchaser (Order number, name, surname and address);
c) without manifest signs of use, apart from those associated with the performance of a normal test of the Item.
They should not bear any traces of prolonged use (over several minutes), exceeding the time required for a trial and shall not be in a condition that does not allow them to resold.
5.7 The costs of returning the Goods shall be borne by the Purchaser, as specified more clearly in the “Returns and Exchange” section of the Website.
5.8 As a result of the Purchaser exercising his/her right of withdrawal in accordance with these General Conditions of Sale, Eral 55 shall refund the customer for the same amounts paid by crediting the payment card or checking account provided for the purchase. The refund shall take place within 14 days from the date when Eral 55 is made aware of the Purchaser’s exercise of the right of withdrawal.
5.9 Where the Purchaser fails to comply with the conditions laid down in Article 5.5 and 5.6, the Seller reserves the right to deduct an amount corresponding to the decreased value of the returned Goods from the refund of the amounts paid by the Purchaser, giving proper notice to the Purchaser.
Following this communication, the possibility remains for the Purchaser to regain, at his/her own expense, the products in the condition in which they were returned to the Seller.
5.10 The right of withdrawal, however, shall not apply in relation to:
a) customised Goods or Goods which, by their nature, cannot be returned or are liable to deteriorate or change rapidly;
b) Sealed electronic/IT goods, cosmetics and perfumes which have been opened by the Purchaser.
6. Protection of personal data
6.1 Eral 55 undertakes to respect the confidentiality of personal information collected when registering on the Website and/or provided at the time of purchase by the Purchaser, and to process it in accordance with the rules laid down under Legislative Decree. 196/03.
6.2 In this regard, please refer to the detailed information outlined in the “Privacy” section.
7.1 Eral 55 reserves the right to modify, at any time, the present General Conditions of Sale.
7.2 The General Conditions of Sale applicable to the sale of each Item will be those published on the Website on the date of the order of the Item itself. The Purchaser, therefore, must read and agree to the General Conditions of Sale before making any purchase.
7.3 Should any provision of these General Conditions of Sale be deemed void or invalid, the present General Conditions of Sale shall, in any case, remain valid and effective in the remaining parts.
7.4 Eral 55’s mere tolerance or failure to dispute any non-compliance by the Purchaser with the information contained in the General Conditions of Sale shall not be interpreted as tacit acceptance of such non-fulfilment, nor as a desire to waive the provisions agreed between the parties.
8.1 For any communication and/or request for assistance and/or complaints relating to the Goods purchased, the Purchaser may contact Eral 55 at the addresses indicated in “Contacts” section of the Website.
9. Applicable Law and Settlement of Disputes
9.1 The present General Conditions of Sale are governed by Italian law and shall, therefore, be interpreted and enforced accordingly.
9.2 In the event of a disservice or dispute between ERAL 55 SRL and one of our users/customers, we guarantee, as of now, our participation in an attempt to achieve a friendly solution, which the user can put forward on RisolviOnline, an independent and institutional service provided by the Arbitration Chamber of Milan’s Chamber of Commerce, which makes it possible reach a satisfactory agreement, with the help of a neutral and competent conciliator, in a friendly and secure manner.
Summary Window prior to Order Acceptance
Products purchased on this Website are sold directly by managed by Eral 55 di Ermanno Lazzarin S.a.s. with headquarters in Piazza XXV Aprile 14, postcode 20124, Milan, Italy, VAT No.: 02857750158 (hereinafter, for the sake of brevity, “Eral 55”). For further information, refer to the Legal Section (insert link). You will also find information about orders and shipping, refunds and returns of products purchased on this Website in the “Returns and Exchange” section of the Website. Remember that, even after your purchase, you can always contact Eral 55 using the following “Contact” section (Insert link).
You have the right to withdraw from the agreement concluded with Eral 55, without any penalty and without specifying the reason within fourteen (14) days from the day of receipt of the products purchased on this Website. To cancel the agreement, you must send an e-mail to customerservice@eral
55.com to request a return authorisation number. The written request must contain the order number, the code of the item being returned and the reason for the return: refund, change of size/colour. Once the written request has been received, customerservice@eral
55.com will send you a written confirmation with a return authorisation number. You must write this return authorisation number on the return form attached to each item and on the outside of the box.
The right of withdrawal being properly exercised shall depend on the following conditions also being met: a. The Return Form and security seal must still be intact and attached to the returned items. They must not be removed or cut in any way. b. The items articles must not have been worn, washed or altered in any way and must not show any sign of use. The soles of footwear must be in perfect condition and must not be marked in any way. c. Items must be returned with all original tags, packaging and other accessories (bags, hangers, garment bag, etc.) that were received with your order; the returned products must be delivered to the forwarding agent within fourteen (14) days starting from when you notify Eral 55 of your decision to withdraw from the agreement.
The shipping costs for the return of items purchased at full price or discounted by less than 50% shall be borne by Eral 55.
The shipping costs for the return of items discounted by more than or equal to 50% shall be borne by the customer.
Any customs charges shall also be paid by the customer.
Eral 55 recommends that all returns be shipped via DHL using the codes provided by our customer service. If you wish to use another carrier other than DHL, you will be responsible for all transportation costs and there will be an additional charge of 10% of the total value of the returned goods.
All information on the subject of withdrawal is available in the Legal Section – “General Conditions of Sale” (insert link) and in the “Returns and Exchange” section (insert link) of the Website.
The offer and sale of products on the Website are governed by the conditions set out in the paragraph General Conditions of Sale.
Eral 55 sells its own products and carries out its e-commerce activities exclusively to end-users who are “consumers”.
“Consumer” shall be taken to mean any natural person who operates on the Website for purposes unrelated to entrepreneurial, business, craft or professional activities.
In view of its trade policy, Eral 55 reserves the right not to follow up on orders from persons other than “consumers” or, in any case, orders that do not comply with its trade policy.
In particular, to make orders on the Website, Customers must: - be consumers - be over 18 years old - qualify to enter into a legally binding contract - have a valid POP e-mail address - have a valid credit card: Visa, American Express, MasterCard or bank account.
On the Website, only brand name and top-quality products are offered for sale.
The main features of the products are presented on the Website inside each product description.
Eral 55 shall undertake to ensure that the description and/or photographic representation of the products are as faithful as possible to the products themselves.
However, given the fact that the image quality may depend on the IT tools used, the perception of the description or photographic representation of the products may not correspond exactly to the products themselves; therefore, the images and videos accompanying the presentation of the products must be published on the Website as a mere description.
Prices and Currency
The prices published and final invoices will be in Euros (EUR) for every Country in the European Union, in Dollars (USD) for all the other Countries. Products prices depend on the Country chosen for the shipping address.
Customers who have received a PROMO CODE via newsletters, social networks or on compliant promotional websites may enter the code when purchasing the order or during the checkout. Each code has a validity start and end date restricting its use, which cannot be extended.
Eral 55 reserves the right to refuse an order in the event that Global Collect does not receive approval from the customer’s bank. Once an order of available products has been placed, it is not possible to make changes to said order. Orders placed separately will be dispatched separately. Eral 55 reserves the right to delay a shipment if the order cannot be shipped for reasons beyond Eral 55’s control. Please note that during sales and promotions, there may be delays in delivery. Eral 55 reserves the right to refuse to process any order and/or service at any time.
SHIPMENT & DELIVERY
Eral 55 delivers parcels all over the world via DHL Express. According to the current international regulations of commerce, there will be an official invoice inside the parcel, along with the merchandise. The invoice will carry the total amount of the purchased merchandise in the same currency of the original order. Also the invoice will show the amount of each item purchased.
Please note that during seasonal sales and promotional sales, delay may occur in the order’s processing.
Eral 55 processes orders in Italy, Milan from Monday through Friday. Eral 55 processes orders the day after the order’s placement, or the next available working day. Orders placed from Friday to Sunday will be processed the following Monday.
Eral 55 ships all over the world via DHL Express. Eral 55 cannot be accountable for delays of the shipments due to meteorological conditions, customs inspections and other circumstances that are irrelevant to Eral 55’s control.
Delivery for shipments addressed to Italy takes 1-2 working days.
Delivery for shipments addressed to European Union takes 2-3 working days.
Delivery for shipments addressed to the rest of the world takes 4-5 working days.
Shipping costs are included. No additional fee is charged.
When the order will be sent to the Courier, the Customer receives an email from providing the tracking number related to the order.
To monitor the status of your order, customers may visit DHL official website http://www.dhl.com/en.html and insert the given AWB number in the specific area “Track Your Shipment”.
Eral 55 insures each shipment from theft and accidental damages at no extra costs for customers.
Once the parcel reaches the final destination, merchandise is no longer covered by such insurance.
At delivery time, customer are kindly invited to carefully inspect the parcel before signing and confirming the completed delivery of the same.
Eral 55 carefully seals parcels with a customized adhesive tape with the logo of Eral 55.
In case the customer receives a parcel that has been opened by Customs or by the Carrier for authorized inspections, the parcel will be closed with a guarantee seal by the specific body.
If the parcel appears damaged, or the adhesive tape not intact, customer is kindly invited to sign the delivery of the parcel with the note “Received unchecked”, or to refuse the delivery of the parcel. In case the parcel will not result untouched, customers is kindly invited to open a claim with the local DHL office and promptly contact Eral 55 at the e-mail address customerservice@eral
If the parcel is not intact, and the customer signs the delivery without the note “Received unchecked”, delivery will be deemed automatically accepted and consequently Eral 55 will not accept any related claim.
By placing an order, customers establish a commercial relationship with Eral 55 and commit to accept delivery of the parcel related to the order placed. If the parcel cannot be delivered to the given shipping address due to causes ascribable to the absent cooperation of the customer (wrong or incorrect phone number, wrong or incorrect shipping address, absent receiver), or if the customer refuses to collect the parcel, the parcel will be returned to the sender Eral 55 in Italy at customer’s expense. The expense includes shipping costs and any duty and tax fees; the amount will be deducted from the total amount of the order to be refunded.
RETURN AND EXCHANGE
For any reason, customer can return the order, entirely or partially. Items can be returned for a size/color exchange or for refund within 14 working days from delivery of the parcel. Items must be returned in the same original conditions, neatly packed and with the return tag still attached.
If customers wish to return an item, they are to contact the Customer Service staff and request a return authorization number (RAN). The written request will have to include the order number, the code of the item(s) to be returned and the reason of return: refund or size/color exchange.
After submitting such request to the Customer Service, customer will receive an email containing the return authorization number (RAN) and the detailed instructions to be followed in order to complete the return. Customer is to write the given RAN on the return tag attached to the item(s) and on the copy of the invoice which is to be put in the box. Customer is kindly invited to accurately follow the return instructions.
Customer can choose between the following options of compensation:
- Color/size exchange:
Items can be exchanged for the same model in a different size or color, if available. Exchange with different items will not be accepted. The new exchanged item can be returned following the same procedure.
In case customer requests the refund of the item(s) returned, credit note will be issued the same day the parcel is returned to our warehouse, and only after the quality check on the item(s).
For orders made by credit card, the amount to be refunded will be visible on the next bank statement of the card. The time of processing may vary depending on the issuing company of the credit card, this time generally takes up to 20 working days.
Refund is made on the same currency of the original order. Possible difference in the refunded amount may depend on variations of the currency exchange rate and will not be refunded.
TERMS AND CONDITIONS OF RETURN
Customer is kindly invited to carefully follow the return policy of Eral 55, briefly summed up below.
Item(s) can be returned only for the following reasons: refund and color/sixe exchange.
Item(s) must be returned in its(their) original conditions, neatly packed and with the return tag still attached.
The returned item(s) should have not been worn, washed or altered. The shoes’ soles must be returned in perfect conditions and should not show any use signs.
Item(s) must be returned with its (their) original tag, wrapping and other accessories (dustbag and covers, etc.) received in the box. Shoes and accessories must be returned in their original packaging that should not be damaged or altered or used as the packing box for shipment.
In case of defective item, or incorrect item following a mistake attributed to Eral 55, customer is kindly asked to follow the same return instructions. Also, customer is asked to attach detailed pictures proving the defect or the mistake. In these cases, shipping costs and duty and tax fees will be at the expense of Eral 55.
Returns will have to be packed in the same box sent by Eral 55, and should have a copy of the invoice inside.
Shipping costs vary on the items to be returned. For items purchased at full price or below 50% off, shipping costs are at the expense of Eral 55. For items discounted at or above 50%, shipping fees are charged to customer. Any duty and tax related to the import of the box are always at the customer’s expense.
Return authorized by Eral 55 must be shipped from the same shipping country Eral 55 sent the parcel to.
Authorized returns must be shipped using the carrier suggested by Eral 55 in the email providing the return instructions. Eral 55 reserves the right not to accept returns if customer tenders the box to a different carrier and in case the delivery of the parcel entails extra costs for Eral 55 or involves the collection to one of the carrier’s branches.
Eral 55 reserves the right to refuse returns that have not been properly authorized or sent not in accordance with the return policy of Eral 55. In these cases, Eral 55 can return the box to the sender at the original shipping address. In case Eral 55 accepts returns that were not authorized or not in compliance, Eral 55 can withhold the 10% of the value of the returned item from the refund.
The Customer can make the payment for the products using Paypal. When clicking payment button at checkout, the Customer will be directed to the PayPal site to review the amount, log-in and complete the payment. If the Customer does not have a PayPal account, he or she can create a new account or, for the Countries where it is allowed, checkout as a guest and pay with credit card.
CONDITIONS OF WEBSITE
The Website is managed by managed by Eral 55 di Ermanno Lazzarin S.a.s. with headquarters in Piazza XXV Aprile 14, postcode 20124, Milan, Italy, VAT No.: 02857750158 (hereinafter, for the sake of brevity, “Eral 55”).
Access and navigation of the Website are governed by these Conditions of Use, so by accessing and browsing the Website , users shall agree to comply with such Conditions.
Access to the Website and its services is intended solely for personal use unrelated to any commercial, business or professional activity.
The site and its contents (by way of example and not limited to: the works, images, pictures, dialogues, music, sounds and videos, documents, drawings, figures, menus, webpages, graphics, colours, patterns, tools, fonts and website design), as well as the trademarks and distinctive signs used by Eral 55 in connection with the sale of goods, are protected by intellectual property regulations. Consequently, it is forbidden to reproduce, communicate, distribute, publish, alter or change, in any way or for any purpose, the Website content, trademarks and distinctive signs used by Eral 55 unless expressly authorised by Universal or by other rights holders where present.
The trademarks and distinctive signs present on the Website used to distinguish the products sold on the Website are the property of their respective owners and are used within the Website only for the purpose of distinguishing, describing and advertising the Goods for sale.
The user is solely responsible for his/her use of the Website and its content, and is solely responsible for the safeguard and proper use of his/her personal information, including the credentials used to access the Website and any harmful consequences that may result from incorrect use, loss or theft of such information.
Excluding liability for intent and gross negligence, Eral 55 assumes no liability for use of the Website and its content by the user that does note comply with current regulations, nor for providing incorrect or fake information, or data that pertains to third parties without the express consent of the latter.
Eral 55 assumes no liability in relation to the malfunctioning of the Website or to damages caused to the user by using the Website, which are not causally related to Eral 55.
Eral 55 publishes information on its website in order to provide a service to users; however, it is not liable for any technical inaccuracies and/or typographical errors. When reported, Eral 55 will immediately make any corrections.
Eral 55 makes no guarantee that the information published on its website complies with the laws of the relevant jurisdiction applying to the user.
The website is a secure website according to international Internet standards; therefore, the user’s device will not be affected by any viruses while browsing when this is carried out properly. However, Eral 55 shall not be liable for any problems, damages, viruses or risks which the user may incur during improper use of the website, and shall not be liable for any malfunction of the website due to the deactivation of cookies in the user’s browser.
Users must agree to the terms and conditions of this legal notice, and must periodically visit this page for any updates, changes or corrections.
Eral 55 reserves the right to make corrections and changes to the website, as well as to change the terms and conditions of use of the Website where necessary without notice.