General Conditions of Sale

General Conditions of Sale www.moscatellishoes.com

 The access to sales area on the www.moscatellishoes.com website owned by the Fly Shoes Srl company implies the acceptance, without reservation, of any of the following General Conditions of Sale:

Art. 1 – The Company

MOSCATELLI SHOES is a trademark owned by Fly Shoes srl, based in Via Galileo Galilei, 16, 56020 Santa Maria A Monte (PI), Italy, with VAT number IT 01259490504

Art. 2 – Subject

These General Conditions of Sale of www.moscatellishoes.com define the rights and obligations of the parties in the sale of products made through the website. By placing the order, the customer declares to have reached the age of majority, to be a consumer pursuant to art. 3 Paragraph 1, letter of Legislative Decree 206/2005 (Consumer Code) and to be the owner or to have the availability of an e-mail address communicated to www.moscatellishoes.com. Each customer declares that they have read the pre-contractual information provided by www.moscatellishoes.com under art. 49 paragraph 1, of the Consumer Code and to accept the rights and obligations resulting from the placing of the order. All orders are governed by these conditions of sale.

Art. 3 – Terminology

“Customer” means any natural or legal person, adult and capable, who wants or has purchased a product on the website and who will comply with these General Conditions of Sale.

“Order” means any purchase that is made by a customer on the website under the conditions set out in these general conditions of sale supplemented, where appropriate, by special conditions.

“Product/Description Sheet” indicates the space on the website where all information relating to the products on sale is contained.

“Personal Date/s” means any information relating to an identified or identifiable natural person, directly or indirectly, in particular by means of an identifier, such as a name, an identification number, location data, online identification, or to one or more specific elements of his/her physical, physiological, genetic, psychic, economic, cultural or social identity. Therefore, the data we collect may include your strictly personal data, as they allow us to identify you as a specific person.  On the other hand, some data does not allow us to identify you directly, such as your browsing data (the type of browser, terminal and operating system, the route followed on the site, etc.), but are also considered personal data as they are linked and/or may be linked to the former.

Art. 4 – Access and Purchasing Methods

Each customer can make a purchase on the www.moscatellishoes.com website by connecting to the Internet.

We recommend that you register your personal information to access your account. Registration requires you to enter a protection password, which you are required to keep confidential and not disclose to third parties. Moscatelli Shoes provides a secure password recovery procedure for any subsequent purchases in case it is forgotten, storing the password on its own systems securely. You will thus be prompted to enter your email address. The registration address is the one to which the order confirmation and all ensuing documentation will be sent. It is in any case possible to indicate a different delivery address during the completion of the order;

In the case of already registered users, access to the account is done by entering the registration data.

The order is explanatory of all costs that will be charged, therefore related to products, accessories, any shipping costs and applicable taxes. To complete the registration of the order, full acceptance of the conditions of sale is required.

Finally, once you have provided all the necessary information including delivery address and telephone number, you will be asked to verify its accuracy. In case you encounter any kind of mistake, you can change the order and correct the errors before submitting it. It is the user’s responsibility to verify the correctness of the order before submitting it. In case of any problems entering the order, please contact Moscatelli Shoes through the contact information in the “Customer Service” section.

Payment authorization is obtained during order registration. In the absence of authorization from the user’s credit institution, the order will not be accepted and the procedure will conclude.

4.1 Payment methods

The Moscatelli Shoes website accepts the following payment methods:

Credit Card, Paypal and bank transfer

The customer warrants that he/she is authorized to use a credit or debit card and a PayPal account to pay for the order and that these means are sufficient to cover the costs of the order.

By clicking on the “Buy Now” button at the end of the purchase procedure, after having verified the contents of the order in the Shopping Cart, the customer places the order and declares to accept these General Conditions of Sale in full and without reservation. The order is considered accepted by Moscatelli Shoes once confirmation of payment of the relative amount has been received. Moscatelli Shoes will communicate the confirmation of the order by e-mail, as well as the shipment of the same. The order confirmation will include the descriptions of the products purchased, the price and other information related to the order and the pre-contractual information referred to in art. 1 of these General Conditions of Sale.

If the customer chooses the option of payment by bank transfer he/she will receive in the order confirmation the IBAN on which to make the payment. The customer has three working days to complete the payment. The Website reserves the right to cancel orders if after six days from the confirmation of the order it has not received credit for the payment.

4.2 Prices and shipping costs

The prices of the products are indicated in the product offer sheet and correspond to the public list price of Fly Shoes products. Prices include VAT for orders destined for countries within the EU, while prices without taxes included are indicated for orders destined for delivery to countries outside the EU.

Prices are checked regularly; however, in the event that Moscatelli Shoes detects variations in prices or errors in the indication thereof, it will contact the user asking for confirmation of the intention to proceed with the purchase at the actual price. In the event of confirmation of the purchase order by the user, Moscatelli Shoes will not be liable for any obligations related to the delivery of the product until the order confirmation email is sent.

The delivery costs of the order are free, when not stated otherwise. Once the order has been placed, the prices and other information relating to the order and the pre-contractual information referred to in Article 1 of these General Conditions of Sale will remain visible in the “my account/orders” section of the website.

An invoice will be available online for each order in the “my account/my orders” section on the same day of  payment .

Failure by the customer to comply with the obligations assumed under these General Conditions of Sale and in particular those relating to the payment of the price of the Order, may result, depending on the seriousness of the violation, in suspension of access to the site www.moscatellishoes.com or cancellation of the customer’s account, without prejudice to the right of Moscatelli Shoes to request payment of damages. Consequently, we reserve the right to refuse the execution of any orders placed by the excluded customer.

Art. 5 – Product Compliance

Moscatelli Shoes will do its best to ensure that the description and/or photographic representation of the products on the website is as faithful as possible to the products themselves. However, given the method of digital presentation of the products, it is possible that the customer’s perception of the description or photographic representation of the products and services does not exactly correspond to the product itself.

In case of non-conformity of the product, the customer must promptly notify Moscatelli Shoes and may return it, following the procedure in the “Returns and Refunds” section on the website. In case of non-conformity, the customer may request:

  • The replacement of the product with one identical to the one ordered, compatibly with stock availability;
  • The refund of the price of the ordered product within thirty days from the date of return of the non-conforming product;
  • The delivery of a product of equivalent price to the one returned;

In this case, Moscatelli Shoes will also bear the cost of return and the cost of sending the new replacement product requested.

Art. 6 – Availability of products

In case of total or partial unavailability of the product after the order has been sent, the customer will be informed by e-mail of the cancellation of the order or of the availability of a partial delivery. In case of unavailability of the product the customer may:

  • Request delivery of a product of equivalent price, compatibly with stock availability;
  • Request a refund of the price of the product ordered within 30 days from the order.

Art 7 – Right of Cancellation/modification of the Order

Any request for cancellation/modification of the Order must be received by Customer Service before the shipment of the same, in written form after filling out the appropriate Contact Form, specifying the name and the order number, together with any other information necessary to unequivocally identify the order to be canceled/modified. Once the order has been shipped and is in the hands of the courier it will not be possible to accept any cancellation/modification request.

In case of cancellation, the customer will receive confirmation with an e-mail notification and will be refunded the amount paid within 10 days from the date of cancellation.

Art. 8 – Right of withdrawal

Except for the cases of exclusion indicated in the following paragraph, all products and services benefit from the “satisfied or reimbursed” clause which the customer can use within fourteen working days following the date of conclusion of the contract in accordance with the provisions of Articles 52 and following of  Legislative Decree 206/2005, Consumer Code.

8.1 Exclusions from the right of withdrawal

The right of withdrawal is excluded with regard to certain products referred to in art. 59 of the Consumer Code such as the supply of custom-made or personalized goods, the supply of sealed goods that are not amenable to return for hygienic reasons and which have been opened after delivery;

8.2 Methods of withdrawal

To exercise the right of withdrawal, the Customer is required to inform Moscatelli Shoes of their decision to withdraw by means of an explicit declaration, using the standard withdrawal form attached to the pre-contractual information relating to the exercise of the right of withdrawal found on the website in the section “Returns and Refunds”.

In case of withdrawal, the Customer is required to return the products to Moscatelli Shoes at the address indicated in art. 1, within fourteen days from the date on which Moscatelli Shoes confirmed to the customer the acceptance of the return.

The refund to the customer will be made within fourteen days from the day the goods are received at the Moscatelli Shoes warehouse.

All payments made by the Customer  to Moscatelli Shoes will be reimbursed to the Customer. The refund will be made using the same means of payment used by the Customer for the initial transaction, unless the Customer has expressly agreed otherwise together with Moscatelli Shoes. The costs related to the return of the products are charged to Moscatelli Shoes, as long as the customer follows the procedure and courier indicated on the website.

Moscatelli Shoes will not bear any shipping costs incurred by the customer outside of the indicated procedure.

Art. 9 – How customers can return a product

In order to benefit from the provisions of art. 5 “conformity of products and services” and of the provisions of art. 8 “Right of Withdrawal”, the customer must return the product to www.moscatellishoes.com within 14 days from the date of delivery of the same; to activate the procedure, customers must request authorization for return through their account on the website. The return of the product must be made to the following address: Moscatelli Shoes, Via Galileo Galilei, 16, 56020 Santa Maria A Monte (PI).

The costs of returning the products are borne by Moscatelli Shoes as long as the customer follows the instructions provided for the return and uses the indicated courier.

The product must be returned:

  • Properly packed in its original packaging, in perfect resale condition (not damaged, ruined or dirty) and equipped with all of its accessories, instructions and documentation;
  • Without there being any signs of use other than those compatible trying the product or any labels or warranty seals having been removed;
  • With indication of the order number and the return number, in order to allow Moscatelli Shoes to identify the customer

Art. 10 – Payments

Payment for the purchase can be made on the day of the order by credit card (VISA, VISA Electron, MasterCard and American Express) or PayPal (MasterCard, VISA, VISA Electron and PostePay) or by Bank Transfer.

In case of payment by credit card, for each order the customer’s bank account will be debited within 24 hours from the date of placing the order which will be confirmed only after the approval by the bank payment centers. In the event that the payment is made via PayPal, the charge or rejection will be immediate.

The customer has three days to complete payment if they choose to do by bank transfer. In case payment is not received within three days of placing the order, Moscatelli Shoes reserves the right to cancel the order.

According to the provisions of the Privacy Policy and protection of personal data www.moscatellishoes.com it does not store customers’ bank details, ensuring greater security of personal data. For this reason, if the user wishes to keep the details of their banking transaction they must store and/or print the payment data.

Art. 11 – Security

Moscatelli Shoes adopts technological solutions capable of guaranteeing maximum security of transactions to protect its customers, such as SSL (Secure Socket Layer) encryption, supported by the most popular internet browsers (Microsoft Internet Explorer, Mozilla Firefox, Google Chrome, etc.). These browsers are able to communicate in an encrypted manner with the Secure Server of the banking circuit for the verification of payment information and sensitive data entered on the site. When sending and receiving data in connection with an SSL Secure Server, you access protected web pages recognizable by the suffix “https” (the “s” stands for “security”) placed at the beginning of the URL in the address bar along with an icon representing a closed padlock or the writing SSL. Moscatelli Shoes does not have access to confidential information relating to means of payment that are not accessible to third parties.

Art. 12 – Delivery

The products or services will be shipped to the delivery address that the Customer has indicated during the formation of the Order.

Moscatelli Shoes delivers to all countries served. The shipment is insured and completely under the responsibility of MOSCATELLI SHOES till the delivery.

The customer has the right to choose the place of delivery: at their residence, place of work, third person’s or where they are on holiday. In case of the recipient’s absence at the time of delivery at the address indicated by the customer, a notice of the attempt will be deposited in the relevant mailbox. After two consecutive attempts by the courier, the parcel will be in kept for 10 days and the address of storage will be communicated by e-mail.

If this deadline is missed, the parcel will be returned to the sender.  Our Customer Service see to contacting the customer for a possible new shipment and, in the absence of a response from the Customer within a reasonable time, will proceed to carry out a refund.

Moscatelli Shoes reserves the right to terminate the sales contract for any logistical and/or environmental difficulties, which will be followed by the full refund of the amount paid.

12.1 – Delivery term

Moscatelli Shoes processes orders received within 48 hours of receiving payment confirmation.

The time frame for delivery is a maximum of 10 working days from the date of the order, except for different indications given to the customer before the final confirmation of the same, and varies depending on the place of destination of the goods.

12.2 – Delay in delivery

In case of late delivery the Customer can contact www.moscatellishoes.com through the “Customer Service” section. The Customer has the right to terminate the contract relating to the Order, unless the delay is due to force majeure, should the delivery have not taken place ten working days after the the date indicated by www.moscatellishoes.com.

Within ten working days following the request for resolution of the Order submitted by the Customer, www.moscatellishoes.com will ask its bank to refund the Customer of all sums paid by them in execution of the contract.

12.3 – Partial delivery

The customer will be informed by e-mail of the possible partial delivery of an order. A subsequent e-mail will inform the customer of the delivery of the other requested products.

12.4 – Delivery made

Each delivery is considered executed when the product is made available to the Customer by the courier. Shipping status can be checked through the control system on www.moscatellishoes.com site in the section “My account I My orders I Shipping status”.

Without prejudice to the right of withdrawal granted to the Customer pursuant to art. 8 above, it will be the Customer’s responsibility to check the shipment upon its arrival and to make all reservations and objections that they deem justified, as well as to refuse the package if they find finds that it may have been opened or if the package shows obvious signs of deterioration. Such objections must be indicated on the delivery note and communicated to www.moscatellishoes.com through the contacts listed in the “Customer Service” section within 24 hours of the business day following the delivery of the Order. The xww.moscatellishoes.com Customer Service will then open an investigation with the carrier. The customer will receive an e-mail informing them that an investigation has been opened.

12.5 Information on delivery methods

When a parcel is ready for shipment, it is sent via a courier chosen by www.moscatellishoes.com.

The customer is informed of the shipment by an e-mail message indicating the products shipped and the reference number of the package which allows them to monitor the status of the shipment by accessing the www.moscatellishoes.com site in the “My account I My orders I Shipping status” section.

12.6 Lost parcel

All shipments are insured for loss or theft.

If within ten working days the customer does not receive any news of their order, they must contact Moscatelli Shoes who will communicate with the courier to track the shipment. The customer will receive a message in their mail account that an investigation has been opened and that they will be updated on the status of the search.

If the parcel is found it will be sent to the customer, while if the parcel is declared lost www.moscatellishoes.com will inform the customer and proceed immediately to complete the formalities for the refund of the order.

Art. 13 – Guarantees

13.1 Legal guarantee

In case of delivery of a non-conforming product (art. 5) and in the event of delivery of a product affected by a hidden defect, Moscatelli Shoes undertakes to refund the Customer the price of the product, or, at the Customer’s choice, to deliver a product identical to the one ordered, compatibly with stock availability, or to deliver a product of equivalent quality and price, compatibly with availability.

For requests of this nature the Customer must contact Customer Service. The foregoing does not limit the right of withdrawal provided for in Article 8 above.

13.1 Legal guarantee

Moscatelli Shoes are covered by a Guarantee of validity of ONE YEAR from the date of shipment of the product for manufacturing defects. No customer may claim to benefit from a wider warranty than described. The Guarantee consists of the purchase document of the product itself.

All products for sale on www.moscatellishoes.com are accompanied by a guarantee certificate certifying the authenticity of the purchased product, with all the fundamental characteristics.

The warranty lapses in case of misuse or tampering with the object. Repair under warranty is a free service, if the cause is attributable to the manufacturer.

Our expert goldsmiths reserve the right to analyze the item in order to check if the product has any factory defects (analysis can take up to 30 days). Repair under warranty will be free of charge once Moscatelli Shoes establishes inds that the product defect is due to manufacturing defects.

Repair times under warranty vary depending on the case. It can take from 60 to 70 working days.

For online purchases, you only need to contact the dedicated assistance service on www.moscatellishoes.com through the contacts in the Customer Service section. Please note that it will be essential to attach the purchase document to the product, as it constitutes its guarantee. If the warranty of the product has expired or the damage is considered to be due to incorrect use of the object Fly Shoes reserves the right to proceed with the repair only after acceptance of the estimate.

13.3 Exclusion of warranties

Products modified, repaired or manipulated by the customer or any other person not authorized by the supplier are excluded from the warranty. The guarantee does not apply to apparent defects. The warranty does not apply to products damaged due to improper use or wear.

Art 14 – Intellectual property rights

The content of the website (including logos, trademarks, illustrations, photographs, etc.) is protected in accordance with Italian legislation on copyright, trademarks and other intellectual property rights. The elements presented on the Website are subject to change without prior notice of any kind, explicit or tacit, and may not give rise to any claims for damages. No content from the website www.moscatellishoes.com may be copied, reproduced, published, downloaded, returned, transmitted or distributed in any way, except in the case of a simple recording of documents on a single computer for the exclusive personal use of the person who made the copy and for commercial purposes. In any case, property citations must always be kept intact. The modification of these contents or their use for other purposes constitutes a violation of the proprietary rights of www.moscatellishoes.com.

In particular, it is forbidden to use such contents on another website or in a networked computer space. Simple links with the home page of the site are allowed, while the following are prohibited:

Specific links that allow the Internet user to be redirected to an internal page of the Website without passing through the home page;

The automatic insertion links (deep linking or inline linking) that allow the Internet user to automatically display content from the Website in a specific space;

Framing links that allow a page of the Website to appear in a box within the page of the site visited by the user;

In any case, links from sites contrary to morality, with violent, pornographic or pedophile content, which do not respect the dignity of the individual or intended to show or sell prohibited and illegal objects, substances and/or works are prohibited.

The Website may contain links to Moscatelli Shoes partner sites or third party sites. The existence of a hypertext link coming from a third party site and directed to the Website does not imply in any case the collaboration between Moscatelli Shoes and that site. Moscatelli Shoes does not exercise any control over third party sites and consequently assumes no responsibility for the content, products, services, information, materials, software of such sites. Moscatelli Shoes shall in no way be liable for any direct or indirect damages that may be caused by the Internet user’s access to the partner’s and/or third party’s site and by the use of the contents and services of such site by the user.

Art. 15 – Modification of the General Conditions of Sale

Moscatelli Shoes reserves the right to modify these general conditions of sale. All new versions of the General Conditions of Sale will be communicated in advance on the Website.

Customers who do not approve the new conditions of sale must cease to use the services offered by the website.

Art. 16 – Personal data

All Personal Data transmitted directly and/or indirectly by the Customers of the www.moscatellishoes.com website is strictly confidential and is used by Moscatelli Shoes and its partners (in accordance with the Privacy Policy) to carry out operations related to the fulfillment of Orders (deliveries, invoices, accounting, customer relations management, such as satisfaction surveys, complaint management and after-sales service, etc.).

The processing of your personal data is based on principles of correctness, lawfulness and transparency; it is carried out by protecting your privacy, your rights and fundamental freedoms, in compliance with current legislation on the protection of personal data  (European GDPR Regulation, privacy code Italian Legislative Decree  196/2003 and Legislative Decree No. 101/2018)

For complete information, please see our Privacy Policy and Cookie Policy.

Art. 17 – Various

In the event that any of the provisions of these General Conditions of Sale should be considered null or invalid, these General Conditions of Sale will in any case remain valid and effective in the remaining part.

The information exchanged through the Website shall be deemed authentic between the Parties. Elements such as the moment of receipt or issuance of data or the quality of the data received will prevail as they appear in Moscatelli Shoes computer system, without prejudice to the Customer’s right to offer proof to the contrary. The effectiveness of the evidence provided by the computer system of www.moscatellishoes.com is equal to that acribed to a written and signed original document.

Art. 18 – Disputes

These General Terms and Conditions of Sale are drafted in Italian, are governed by Italian law and will therefore be interpreted and executed in accordance with it. Should any dispute arise, the Customer may contact Moscatelli Shoes for an amicable resolution. Otherwise in the event of a legal dispute the competent court is that of Pisa.