General sale conditions

1. Parties to the contract

The parties to the online sale-purchase contract are:

Armoriosa S.r.l., a company incorporated under Italian law, with registered offices at Via Napoli, 173, 81055 Santa Maria Capua Vetere (CE), Italy (VAT: IT04886400615, Tax Code: 04886400615, REA: CE-363462, Share capital: € 10,000.00 fully paid), hereinafter referred to simply as "ARMORIOSA", and the user, an adult natural person who, in accessing the website www.armoriosa.com, purchases products online for purposes other than any business, professional or industrial activity that he/she may perform, hereinafter referred to simply as the ‘Customer/s’. ARMORIOSA reserves the right to refuse orders from parties other than Customers as defined above, and orders from parties with whom an in- or out-of-court dispute is pending relative to previous orders or for any other legitimate reason, without being obliged to provide any explanation. Consumer status depends on the actual purpose of the purchase; providing a VAT number does not, by itself, exclude consumer status. The refusal of orders shall be communicated by Armoriosa S.r.l. to the e-mail address given by the user during the online purchase procedure.

2. Scope of application

2.1. These General Conditions of Sale govern all purchase contracts for products sold directly by ARMORIOSA through the online catalogue on the website www.armoriosa.com and concluded according to the procedures described below (referred to hereinafter as “the General Conditions of Sale”).

2.2. The purchase will be possible only if the product is shipped to one of the following countries: Austria, Belgium, Croatia, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, the Netherlands, Portugal, Slovakia, Slovenia, Spain.

It is noted that the Pre-contractual Information for Consumers, the General Conditions of Sale and ARMORIOSA Privacy Policy, and the General Conditions for access and use of the website are available in Italian, English, German, French and Spanish.

2.3. Purchase orders shall not be accepted from parties resident or domiciled in Livigno, Campione d’Italia, the Republic of San Marino, the Vatican City or from any party not resident or domiciled in one of the countries listed in art. 2.2. above; furthermore, for security reasons, purchase orders shall not be accepted for products to be delivered to a post box or when it is not possible to identify the private individual to whom the order must be delivered and/or his/her address. The refusal of orders, regardless of the reason shall be communicated by Armoriosa S.r.l. to the e-mail address given by the user during the online purchase procedure.

2.4. Prior to completing/finalising the online purchase procedure, the Customer shall be asked to declare that he/she has read the Pre-contractual Information for Consumers, checked all the indications provided by the same during the purchase procedure, and that he/she fully and unconditionally accepts these General Conditions of Sale and ARMORIOSA Privacy Policy and the website's General Access and Use Conditions, which he/she is requested to read carefully.

If said conditions are not accepted, the user cannot send a purchase order to ARMORIOSA.

2.5. These General Conditions of Sale may be amended by Armoriosa S.r.l. at any time without notice.

2.6. Every contract shall be governed by the General Conditions of Sale applicable when the Customer places the order.

3. Conclusion of the purchase contract

3.1. To forward his/her online purchase order, the Customer must first register as a Customer via the website www.armoriosa.com and then follow the instructions for the product purchase procedure indicated in the Armoriosa S.r.l. website. Registration on the website www.armoriosa.com is free of charge.

The user may select the product or products of his/her choice and add them to the relevant virtual shopping basket. It is noted that it is not possible to select a product by adding it to the basket and saving it to then proceed with the purchase during a subsequent Internet session; if the online purchase procedure is not completed, the contents in the basket shall automatically be removed when leaving the website.

The order proposal must be sent to ARMORIOSA in electronic format, carefully following the instructions given in the website. Before continuing with the purchase, the Customer must read the Pre-contractual Information for Consumers, and read and accept the General Website Access and Use Conditions, these General Conditions of Sale and the ARMORIOSA Privacy Policy, as well as the Privacy Information Note contained in these General Conditions of Sale and ARMORIOSA Privacy Policy and in the General Website Access and Use Conditions, as well as the information note on the right of withdrawal contained in these General Conditions of Sale and the summary of the essential features of the chosen products and the details of the delivery costs and any additional charges.

If the Customer needs to correct any errors in the data entered, he/she must follow the specific amendment procedure indicated on the website before forwarding his/her order. In sending the order, which is done by clicking on the relevant button containing the wording "Pay", the Customer recognises and declares that he/she has read all the information given during the purchase procedure and that he/she fully accepts the General Conditions of Sale which shall be binding once the purchase has been concluded.

3.2. The Customer must check the accuracy of the data entered before confirming the purchase order. On confirmation by the Customer, the order shall be sent directly to Armoriosa S.r.l. and cannot be amended further. With the telematic forwarding of the order, the Customer accepts and undertakes to comply with these General Conditions of Sale in the execution of the contract with Armoriosa S.r.l.

3.3. The purchase order shall be kept in the Armoriosa S.r.l. data bank located at the company's registered offices for the time necessary to exercise the right of withdrawal and, in any case, to comply with the terms and conditions of applicable laws. The Customer may request a copy thereof from Armoriosa S.r.l. at the following e-mail address info@armoriosa.com or via fax on the following number +39-328-0697209.

3.4. The purchase contract entered into by Armoriosa S.r.l. and the Customer shall be understood as concluded on acceptance, even if only partial, of the Customer's order by Armoriosa S.r.l. Acceptance is provided in a confirmation email sent to the e-mail address indicated by the Customer.

3.5. The confirmation message shall indicate the date and time of the order and a "Customer Order Number", to be used for all further communication with Armoriosa S.r.l. The message reiterates all the data (including the shipping address) entered by the Customer who undertakes to check that they are correct and to immediately inform ARMORIOSA of any corrections at the e-mail address info@armoriosa.com, as well as a summary of the information contained in the order, i.e. the essential features of each product purchased and details of the price including VAT, shipping costs, delivery and any additional costs.

3.6. On conclusion of the online purchase order, the Customer is invited to print and/or save an electronic copy of his/her order and the relative confirmation and, in any case, to keep a copy of the Pre-contractual Information for Consumers, General Conditions of Sale and the ARMORIOSA Privacy Policy, as well as the General Website Access and Use Conditions applicable at the time the purchase was forwarded.

3.7. For every order placed, at the time of shipment, Armoriosa S.r.l. issues an invoice for the material sent which will be sent to the e-mail address indicated by the Customer. The information provided by the Customer on placing the order shall be taken as correct for the purposes of issuing the invoice. No amendment to the invoice shall be possible after the invoice has been issued.

3.8. The Customer may check the status of the order at any time by contacting ARMORIOSA on the telephone number +39-328-0697209 (fax no. +39-328-0697209) or at the e-mail address info@armoriosa.com.

4. Subject matter of the contract and the online catalogue

4.1. The object of these General Conditions of Sale refers exclusively to the products shown in the online catalogue of the website www.armoriosa.com.

4.2. The Customer may only buy the products appearing in said catalogue and available when the order is sent. Armoriosa S.r.l. reserves the right to vary the product catalogue without notice. Any articles appearing on the Armoriosa S.r.l. websites but not in the online catalogue are not intended for online sale and, as such, cannot be bought by Customers. Similarly, orders cannot be placed for products which appear in the online catalogue but are shown not to be available.

4.3. Product availability is monitored and updated by Armoriosa S.r.l. Nonetheless, it could happen that with several users purchasing the same product at the same time, said product may appear to be available for a short time, when it is in fact out-of-stock or not immediately available. If one of the ordered products proves to be unavailable for this reason or in the event of intervening unavailability of the products, Armoriosa S.r.l. shall contact the Customer within 7 working days from the transmission of the order, by e-mail at the address provided by the Customer, informing the latter of said unavailability and of any alternative solutions. Should ARMORIOSA not deliver the product ordered, that appeared unavailable, within thirty days from the date the contract was concluded, the Customer may ask Armoriosa S.r.l. to deliver within an extended deadline appropriate to the circumstances or terminate the contract and obtain a refund of all the amounts already paid to Armoriosa S.r.l. in the performance of said contract.

4.4. All products offered for sale are described (by way of example, with details on the quality, features and price and images) in the specific online catalogue on the Internet site at www.armoriosa.com. The information sheet for every product provides the sales price to the public inclusive of VAT. Product prices are shown in Euro.

4.5. Shipping and delivery costs and any other charges in addition to the sales price inclusive of VAT will be detailed and displayed before forwarding the order.

4.6. It should be noted that any costs for connection to the site via the internet, including telephone costs, shall be borne by users according to the tariffs applied by the operator selected by the user.

4.7. ARMORIOSA reserves the right to alter the prices of the products offered for sale at any time and without notice. In any case, Customers shall be charged the product prices shown on the website at the time of sending each order.

4.8. Any image of the product accompanying the product description sheet is merely for illustrative and indicative purposes, and may not correspond with the real features of the product since it may differ in terms of colour, size, and the accessories appearing in the picture. More specifically, the images and colours of the products offered for sale may also differ from those represented due to the technical features and resolution of the monitor, equipment and software of the computer used by the Customer. ARMORIOSA therefore refuses all responsibility regarding the graphic representation of the products shown on the website due to the above-stated technical features.

5. Payment methods

5.1. The goods can be paid by credit card or using the PayPal system.

Payments are accepted from the following credit card providers: VISA, MASTERCARD and AMERICAN EXPRESS.

5.2. Payments by credit card are disciplined by the regulations adopted by the individual credit card providers.

5.3. The details of the credit card for payments made directly by Visa, Master Card or American Express and for those carried out using the PayPal system are not visible to Armoriosa S.r.l.

Credit card data are processed directly by the provider and are protected against unauthorised access by SSL (Secure Socket Layer) encrypted data transfer. All current browsers support SSL cryptography. The data is not accessible to third parties, nor to Armoriosa S.r.l.

5.4. Payments by credit card: shipment of the order shall take place only subsequent to verification of the Customer's credit card information, carried out by Armoriosa S.r.l. with the bank, and subsequent to receipt of the authorisation to debit said credit card. The debit to the Customer's credit card only takes place subsequent to the despatch of the relative order.

5.5. Payment with electronic money via the PayPal service: the electronic money payment mode via the PayPal service is subject to the limits indicated from time to time in the purchase procedure, which the Customer must follow for sending the order. For this payment system, the Customer must open a PayPal account and accept the rules of the relative service. ARMORIOSA accepts payment only from Customers registered with the Italian PayPal site. The amount of the order shall be debited to the Customer's PayPal account after confirmation of the order by ARMORIOSA. The product purchased shall be delivered after verification of the transfer of the purchase price to the ARMORIOSA PayPal account. Any reimbursements to the Customer shall again be carried out by ARMORIOSA to the PayPal account based on the procedures set by the PayPal service. A confirmation e-mail shall be sent by PayPal for every transaction carried out.

5.6. ARMORIOSA refuses all responsibility for any fraudulent and unlawful use of credit cards by third parties at the time of paying for products purchased through the website. In any case, ARMORIOSA reserves the right to cancel the transaction in the case of suspected fraudulent use of credit cards and to request further information and/or documentation without which it reserves the right to refuse payments.

6. Transport and delivery of products

6.1. Armoriosa S.r.l. accepts orders only for delivery in the following countries: Austria, Belgium, Croatia, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, the Netherlands, Portugal, Slovakia, Slovenia, Spain. It is noted specifically that orders with delivery to Livigno, Campione d'Italia, the Republic of San Marino and the Vatican City shall not be accepted.

6.2. The shipping of ordered products shall be done using the methods selected by the Customer among those available and detailed on the Armoriosa S.r.l. Website at the time of sending the order. For the delivery of the order, Armoriosa S.r.l. uses express couriers appointed at its own discretion.

6.3. When the product ordered is available, it is normally despatched within a minimum of 3 and a maximum of 6 working days in the case of delivery in Italy; with the exception of "PERSONALISED" products, where delivery shall take place on average within 10 working days. In the case of products to be delivered outside Italy, these are normally despatched within a minimum of 3 and a maximum of 6 working days from the time of their availability; with the exception of "PERSONALISED" products, where delivery shall take place on average within 10 working days.

In any case, without prejudice to the provisions under art. 4.3 above, the shipping of products shall take place within 30 working days from the date the contract was concluded.

6.4. To avoid any inconvenience in the delivery and debiting of storage costs, the Customer is requested to indicate an address where someone is always available to receive the order.

6.5. When the goods are delivered by the courier, the Customer or his/her representative must check that the content of the package delivered corresponds to what was ordered and indicated on the invoice sent by e-mail. Any damage to the packaging and/or the product or non-correspondence of the number of packages in respect of what was indicated on the invoice, must be reported immediately by adding a hand-written, signed note on the courier's delivery note. Otherwise, once the courier's delivery note is signed without any objection, the Customer may no longer present complaints regarding the external features of the delivery and the number of packages received.

7. Right of withdrawal, returns and size exchanges

7.1. If you purchase as a consumer, you have a statutory right to withdraw without giving a reason within 14 calendar days, starting on the day after you, or a person you designate other than the carrier, receive the goods. For goods from a single order delivered separately, the period starts on the day after receipt of the last item. Armoriosa extends the period for requesting a return for a refund to 30 calendar days from each delivery, starting the following day, under the same return conditions set out below. Delivery of a replacement pair starts a new 30-day period, so you may still request a free return for a refund after your size exchange. Consumer status depends on the purpose of the purchase, in accordance with applicable law.

7.2. You may notify us through the return request procedure in your customer account, using the model withdrawal form, or by sending an unequivocal statement to info@armoriosa.com. Identify your order and the products concerned. Creating an account, giving a reason, obtaining prior approval or confirming by registered letter is not required to exercise your right of withdrawal.

7.3. Unless we have offered to collect the goods ourselves, send them back without undue delay and no later than 14 calendar days after notifying us of your withdrawal. Dispatch before the deadline is sufficient. Follow our return instructions and retain proof of dispatch.

7.4. Returns are free through the return service arranged by Armoriosa in the countries to which we deliver. No return shipping fee is deducted from your refund when you use this service. If you independently choose and book another carrier, you bear that carrier’s charges. Contact us at info@armoriosa.com to receive the return instructions and correct shipping destination.

Return address
Domenico Magnaguadagno
MBE 2556 - Armoriosa
VIA LUIGI EINAUDI 120
62012 Civitanova Marche MC
Italy
Tel.: +39 0733 898892
E-mail: info@armoriosa.com

7.5. A maximum of one free size exchange is available for each originally purchased pair, including return shipping through our service and delivery of the replacement pair, subject to size availability. Contact us within 30 calendar days of delivery, starting the following day. The free exchange requires measuring both feet according to our Size Guide and sharing the measurements with us before the replacement size is confirmed. We can help you take the measurements and choose the size. Your request is recorded when you contact us within the deadline; completing the measurement check with our assistance does not invalidate a timely request. Whether you used the Size Guide before your original purchase does not affect eligibility. After this exchange, no further free size exchange is included, but you may request a free return for a refund within the new 30-day period after delivery of the replacement pair. Measurements and feedback are not required to exercise your right to return for a refund.

7.6. Try the shoes indoors on a clean surface, as you would in a shop. Return them with their accessories and documentation, preferably in the original shoe box protected by an outer shipping box. Missing or damaged packaging does not automatically remove your right of withdrawal. You are liable only for diminished value caused by handling beyond what is necessary to establish the nature, characteristics and functioning of the goods, as provided by law. No automatic percentage penalty applies.

7.7. We refund the payments due following withdrawal, including standard delivery costs where applicable, without undue delay and within 14 days after receiving your withdrawal notice. Additional costs for a delivery option expressly chosen over our least expensive standard option are excluded. We use the original payment method unless you expressly agree otherwise, without charging a refund fee. Unless we have offered to collect the goods ourselves, we may withhold the refund until we receive the goods or evidence of dispatch, whichever occurs first.

7.8. The 30-day return service and the limit of one free size exchange do not restrict statutory withdrawal or guarantee rights for defective or non-conforming goods. Remedies covered by the legal guarantee, including necessary transport, are free and do not count towards the size-exchange limit. The withdrawal exclusion for goods made to the consumer’s specifications or clearly personalised applies only where the law provides for it; choosing a standard shoe size is not personalisation. The conditions applicable when an order was placed continue to govern that order.

8. Guarantees

8.1. Products sold to consumers are covered by the applicable legal guarantee of conformity under Articles 128 et seq. of the Italian Consumer Code, without prejudice to mandatory consumer protections in the country of residence. Keep your invoice or other proof of purchase. The guarantee is separate from the voluntary size-exchange service and from the withdrawal period.

8.2. The sale of products to consumers is subject to the legal guarantees provided, inter alia, by Articles 129, 130, 132, 133, 135, 135-bis, 135-ter and 135-quater of the Italian Consumer Code. Pursuant to these provisions, the seller is obliged to deliver to consumers the Products that meet the requirements referred to in Paragraphs 2 and 3 of Art. 129 of the Consumer Code, as well as the provisions of Articles 130 and 131, insofar as they are compatible, without prejudice to the provisions of Article 132. Therefore, the seller must, inter alia, deliver products that meet certain subjective requirements (i.e., where relevant, they must (i) correspond to the contractual description, type, quantity and quality and possess the functionality, compatibility, interoperability and the other characteristics as provided for in the sales contract, (ii) be suitable for any particular use desired by the consumer, which has been brought to the attention of the seller at the latest at the time of the conclusion of the sales contract and that the seller has accepted, (iii) be supplied together with all accessories, instructions, including installation instructions, provided for in the sales contract, and (iv) be supplied with updates as required by the sales contract) and certain objective requirements (i.e., must (a) be suitable for the purposes for which goods of the same type are normally used, possibly taking into account other provisions national and Union law, technical standards or, in the absence of such technical standards, industry codes of conduct applicable to the specific sector, (b) where relevant, possess the quality and correspond to the description of a sample or model that the seller has made available to the consumer prior to the conclusion of the contract, (c) where relevant, be delivered together with any accessories, including packaging, installation instructions or other instructions, which the consumer can reasonably expect to receive, (d) be of quantity and possess the qualities and other characteristics, also in terms of durability, functionality, compatibility and safety, ordinarily present in a good of the same type and that the consumer can reasonably expect, taking into account the nature of the good and public statements made by or on behalf of the seller, or by other persons as part of the preceding steps of chain of commercial transactions, including the manufacturer, in particular in advertising or labelling). In the event of a lack of conformity existing at the time of delivery (for example, a defective product or a product other than the one ordered) and which occurs within two years of delivery, the consumer, pursuant to art. 135-bis of the Consumer Code, has the right to obtain the restoration of the conformity of the goods by repair or replacement them at no cost, within a reasonable period and without significant inconvenience to the consumer. The consumer will be able to choose whether to obtain the repair or replacement of the product unless this is impossible or imposes disproportionate costs on the seller, taking into account all the circumstances of the case, including (i) the value that the good would have if there were no lack of conformity; (ii) the extent of the lack of conformity; iii) the possibility of using the alternative solution without significant inconvenience to the consumer. Pursuant to Article 135-ter of the Consumer Code, in the event that the consumer requests the repair or replacement of the goods, the consumer will be obliged to make the goods available to the seller, who will collect them at their own expense. The repair or replacement of the goods will be carried out by the seller within a reasonable time from the moment at which they were informed of the lack of conformity by the consumer and without charge for the latter. Where (i) the seller has not carried out the repair or replacement or has not carried out the repair or replacement, where possible, or has refused to bring the goods into conformity pursuant to paragraph 3; (ii) a lack of conformity has occurred, despite the seller's attempt to restore the conformity of the goods, (iii) the lack of conformity is so serious as to justify the immediate reduction of the price or the termination of the sales contract, or (iv) the seller has declared or it is clear from the circumstances that they will not proceed to restore the conformity of the goods within a reasonable period or without significant inconvenience to the consumer, the consumer will be able to obtain an appropriate reduction in the price of the products proportional to the decrease in value of the product received by the consumer compared to the value it would have had if it had been compliant (pursuant to the provisions of Art. 135-quater, paragraph 1 of the Consumer Code), or, may obtain the termination of the contract, pursuant to Art. 135-quater, paragraphs 2, 3, and 4 of the Consumer Code. The consumer may terminate the sales contract, by means of a declaration expressing the decision to terminate the contract, to be sent to the following addresses: info@armoriosa.com. If the consumer terminates the contract, they must return the goods to the seller at the latter's expense; the seller will reimburse the consumer for the price paid for the good purchased upon receipt i) of the goods; or ii) the documentary evidence provided by the consumer regarding the fact that they have returned or shipped the goods to the seller. The consumer has no right to terminate the contract if the lack of conformity is only minor. Unless proven otherwise, it is assumed that any lack of conformity that occurs within one year from the time the product was delivered already existed on that date, unless this is incompatible with the nature of the product or with the nature of the lack of conformity. The ability to assert direct action for a lack of conformity not intentionally concealed by the seller will, in any case, lapse within 26 (twenty-six) months from the delivery of the product, unless otherwise agreed with the consumer for the execution of the contract. In this case, the consumer can always assert the rights referred to in Article 135-bis of the Consumer Code. In the event that the consumer requests the repair or replacement of the Product due to a lack of conformity of the product, the consumer must make the latter available to the seller and the delivery costs relating to the return to the seller of the product for repair or replacement, as well as all costs relating to the delivery to the consumer of the repaired or replaced product, remain the responsibility of the seller pursuant to.

8.3. If the product defect is not a non-conformity, the Customer cannot seek recourse to the conformity guarantee contemplated by the articles of the Consumer Code mentioned in the aforementioned paragraph 8.2., and if ARMORIOSA carries out verifications and/or repairs, directly or through an independent Technical Assistance Centre, the Customer shall be debited any costs for product verification and repair as well as the transport costs if incurred by Armoriosa S.r.l.

9. Responsibilities of third parties

Armoriosa S.r.l. bears no responsibility for the work of third parties who, in the capacity of self-employed third parties are involved in the management or execution of payment operations, the transport and delivery of goods to the Customer, or any other activity involved in the fulfilment of contracts entered into pursuant to these General Online Conditions of Sale.

10. Applicable law

10.1. These General Conditions of Sale and the contracts entered into between the Customer and Armoriosa S.r.l. according to the above Conditions, are governed by Italian law, with specific reference to Italian Legislative Decree no. 70/2003 (the law on Electronic Commerce). Should the Customer qualify as a Consumer, Italian Legislative Decree no. 206/2005 (Consumer Code) shall also be applicable, without prejudice to any other overriding mandatory provision applicable in the Consumer's country of residence. In particular, reference is made to the provision contained in Section II, Chapter I, Title III, Part III of Italian Legislative Decree no. 206/2005, on distance contracts entered into with Consumers.

11. Jurisdiction

Any dispute, if the Customer is a Consumer, shall fall under the jurisdiction of the court of the Consumer's place of residence or domicile pursuant to the applicable law or, at the Consumer's discretion, in the case of any action filed by said Consumer, the Court of Verbania of the Italian judicial authority shall have jurisdiction. Any dispute involving parties that are not Consumers shall fall under the exclusive jurisdiction of the Court of Verbania of the Italian judicial authority.

Please note that the European Commission provides a platform for the out-of-court resolution of disputes accessible on the website http://ec.europa.eu/odr.

12. Nullity and invalidity

In the case of one or more of these clauses or part of them being invalid due to a conflict with mandatory provisions of law, such clauses shall be understood as legitimately replaced, only within the limits of the conflict, by what is contemplated by law. Any tolerance of a breach and/or behaviour in conflict with these General Conditions of Sale shall not be considered a waiver of the same, nor shall it nullify the validity of the clauses not respected.

13. Contacts

For any information, requests for assistance or complaints, the Customers can write and/or contact Armoriosa S.r.l. at:

Armoriosa S.r.l.

Via Napoli, 173

81055 Santa Maria Capua Vetere (CE)

Italy

Tel.: +39-328-0697209

Fax: +39-328-0697209

e-mail: info@armoriosa.com

It is noted that, in the event of complaints, Armoriosa S.r.l. shall respond within 8 working days.

UNCONSCIONABLE CLAUSES

The Customer expressly approves, pursuant to art.s 1341 and 1342 of the Italian Civil Code, the following clauses: 2. Scope of application; 4. Subject matter of the contract and the online catalogue; 5. Payment methods; 6. Transport and delivery of products; 7. Right of withdrawal; 8. Guarantees; 9. Responsibilities of third parties; 10. Applicable law; 11. Jurisdiction; 12. Nullity and invalidity.