VR Custom Shoes

Terms and Conditions

VR Custom Shoes GENERAL TERMS AND CONDITIONS OF SALE

The following general terms and conditions of sale apply exclusively to the presentation, offer, submission, and acceptance of purchase orders for products available on VR Custom Shoes. To make a purchase through our website, the following conditions must be met:

  • You must be at least 18 years old;
  • You must have a personal and valid email address;
  • You must be legally capable of entering into binding contracts;
  • You must have a credit or debit card for verification and payment, or a bank account to make a bank transfer;

This document sets forth the general terms and conditions of use for the Vr Custom Shoes website, which offers retail services provided by the owner of the Application

  • Definitions

To ensure a full understanding and acceptance of these terms and conditions, the following terms, whether in the singular or plural, shall have the meanings set forth below:

  • Owner: Vr Custom Shoes S.R.L.S., with registered office at Via Apuleio, 45, 76123 Andria (BT), Italy, VAT Number: 0900914725
  • Application: the website vrcustomshoes.com
  • Products: the physical products sold by the Owner
  • User: any person who accesses and uses the Application
  • Consumer User: a natural person of legal age who enters into a contract for purposes unrelated to any business, commercial, craft, or professional activity they may carry out
  • Content: any text or multimedia element present on the Application, such as announcements, advertisements, reviews, images, etc.
  • Terms: this agreement governing the relationship between the Owner and Users and the sale of Products offered by the Owner through the Application.
  • Detailed Information on the Application’s Offer

The Application provides Users with men’s, women’s, and children’s clothing and related accessories, including bags, footwear, and costume jewelry. Retail sale of men’s, women’s, and children’s underwear.

  • Scope of Application of the Terms and Conditions

Use of the App constitutes the User’s acceptance of these Terms and Conditions. If the User does not intend to accept these Terms and Conditions and/or any other notes, legal notices, or disclosures published herein or referred to herein, the User may not use the App or its related services.

These Terms and Conditions may be modified at any time.

The applicable Terms and Conditions are those in effect on the date the purchase order or request for a Product is submitted.

Before using the Application, the User must carefully read the Terms and Conditions and save or print them for future reference.

The Owner reserves the right, at its sole discretion and at any time, to modify the Application’s graphical interface, the Content and its organization, as well as any other aspect characterizing the functionality and management of the Application, providing the User with the relevant instructions where necessary.

  • Purchases Through the Application

All Products offered through the Application are described in detail on their respective product pages (quality, features, availability, price, delivery times and costs, additional charges, etc.). There may be some errors, inaccuracies, or minor differences between what is published on the Application and the actual Product. Furthermore, any images of the Products are for illustrative purposes only and do not constitute a contractual element.

Purchases of one or more Products through the App are permitted for Consumer Users.

Individuals may make purchases only if they are of legal age. For minors, any purchase and/or request for the supply of Products through the App must be reviewed and authorized by their parents or legal guardians.

The offering of Products through the App constitutes an invitation to treat, and the order submitted by the User shall be deemed a contractual offer to purchase, subject to confirmation and/or acceptance by the Owner as described below. Therefore, the Owner shall have, at its sole discretion, the right to accept or reject the User’s order, without the User being entitled to raise any objection or complaint on any grounds whatsoever.

The contract for the sale of the Products is deemed concluded upon the Owner’s acceptance of the User’s contractual proposal. The Owner will accept the User’s contractual proposal by sending an order confirmation to the email address provided by the User, which will include the order date, the User’s information, the Product’s characteristics and availability, the price or method of calculating the price, any additional charges and taxes, the delivery address, delivery times and any delivery charges, the procedures for exercising the right of withdrawal or its possible exclusion, and the warranty.

The contract for the sale of the Products shall not be deemed effective between the parties in the absence of the information specified in the preceding paragraph.

In the event that the Product is unavailable, the Owner will notify the User of the new delivery or supply terms, asking whether the User intends to confirm the order or not. It is understood that the contract shall be deemed concluded with respect to the Products accepted by the Owner.

The User agrees to verify the accuracy of the information provided in the order confirmation and to immediately notify the Owner of any errors, and shall retain a copy of their order, the related confirmation, and these Terms and Conditions.

  • Prices and Payments

The price for each Product is shown inclusive of VAT, if applicable. If the nature of the Product makes it impossible to calculate the price in advance, the method for calculating the price will be indicated.

In addition, any applicable taxes, additional fees, and shipping costs will be indicated; these may vary depending on the destination, the selected shipping method, and/or the payment method used. If these charges cannot reasonably be calculated in advance, an indication will be provided of which charges will be billed to the User.

The Owner reserves the right to modify, at any time, the price of the Products and any additional costs. It is understood that any price changes will in no way affect contracts already concluded prior to the change.

The User agrees to pay the price of the Product within the timeframes and in the manner specified in the Application and to provide any necessary information that may be requested.

The Application uses third-party payment processing tools and does not come into contact in any way with the payment information provided (credit card number, cardholder name, password, etc.).

Should these third-party tools deny payment authorization, the Owner will be unable to provide the Products and cannot be held liable in any way.

  • Billing

Users who wish to receive an invoice will be asked to provide billing information. The information provided by the User shall be deemed valid for the issuance of the invoice; the User declares and warrants that such information is true and accurate, and hereby grants the Owner full indemnification in this regard.

  • Delivery Methods for Physical Products

Physical Products (including any physical goods with digital components) will be delivered to the address provided by the User, using the methods and within the timeframe selected or indicated on the Application and specified in the order confirmation. Unless otherwise specified, the delivery terms specified in the order confirmation indicate the time typically required to deliver the Product from the moment the courier takes possession of it.

If it is not possible to supply the requested Products, the User will be promptly notified via email, indicating when delivery is expected or the reasons why delivery is impossible.

If the User does not wish to accept the new delivery date or if delivery has become impossible, the User may request a refund of the amount paid, which will be credited promptly via the same payment method used by the User for the purchase, no later than 14 days from the date on which the Owner became aware of the refund request.

VR Custom Shoes must refund the amounts within 14 days of the day it receives notification that the customer has returned the goods.

Upon receipt of the Product, the User is required to verify that it conforms to the order placed and that the packaging is intact. If there is obvious damage to the packaging and/or the Product, the User may refuse delivery of the Product and may return it at no cost to the User. Once the delivery document has been signed, the User may not raise any objections regarding the external characteristics of the delivered Products.

The Owner shall not be liable to any party or third party for any damages, losses, or costs incurred as a result of the non-performance of the contract due to force majeure.

  • Users’ Right of Withdrawal from the Purchase of Physical Products

The Consumer User has the right to withdraw from the purchase without penalty and without specifying a reason within 14 days from the date of receipt of the Product, by sending a written notice to the email address info@vrcustomshoes.com, using the optional withdrawal form referred to in the following article or any other written statement.

In the event of separate delivery of multiple Products ordered by the Consumer User in a single order, the 14-day period for exercising the right of withdrawal begins on the day the last Product was received.

In the event of withdrawal, the User must return the Product to the Owner without undue delay and, in any case, no later than 14 days from the date on which the User communicated their decision to withdraw from the contract. The User will bear only the direct cost of returning the Product, unless the Owner has stated that it will cover these costs.

If the right of withdrawal is exercised correctly, the Merchant will refund the payments received from the User using the same payment method the User used for the initial transaction, without undue delay and in any case within 14 days from the day the User notified the Merchant of their intention to withdraw from the contract.

The Merchant is not required to refund shipping costs if the User has expressly chosen a shipping method other than the least expensive option offered by the Merchant.

Unless the Merchant has offered to pick up the Product itself, the Merchant may withhold the refund until it has received the Product or until the Consumer User has provided proof of return.

The Seller will not accept the return if the Product is found to be defective due to misuse, negligence, physical, cosmetic, or superficial damage or alterations, tampering, improper maintenance, or normal wear and tear, or the absence of integral components of the product (accessories, parts, etc.). In such cases, the Owner will return the purchased Product to the sender and charge the sender for the shipping costs.

  • Cases Excluding the User’s Right of Withdrawal

The User’s right of withdrawal from the contract for the sale or supply of Products is excluded in the following cases:

  • the supply of Products whose price is linked to fluctuations in the financial market that the Owner is unable to control and that may occur during the withdrawal period
  • the supply of Products that are made-to-measure or clearly personalized
  • the supply of Products that are liable to deteriorate or expire rapidly. This category includes all food products (including beverages) whose characteristics are subject to alteration, even as a result of improper storage
  • the supply of sealed Products that cannot be returned for hygiene reasons or for reasons related to health protection and have been opened after delivery
  • the supply of Products that, after delivery, are, by their nature, inseparably mixed with other goods
  • contracts in which the User has specifically requested a visit by the Owner or an authorized professional for the purpose of performing urgent repair or maintenance work. If, during such a visit, the Owner or an authorized professional provides services beyond those specifically requested by the User or goods other than the replacement parts necessary to perform maintenance or repairs, the right of withdrawal applies to such additional services or goods
  • to the supply of sealed audio or video recordings or sealed computer software that have been unsealed after delivery
  • to the supply of newspapers, periodicals, and magazines, with the exception of subscription contracts for the supply of such publications
  • to contracts concluded at a public auction
  • to the provision of lodging for non-residential purposes, the transportation of goods, car rental services, catering services, or services related to leisure activities, provided that the contract specifies a specific date or period of performance

For further clarification, please contact the Data Controller at the email address info@vrcustomshoes.com or by calling customer service at +39 3286152305.

  • Optional Form to Exercise the Right of Withdrawal
  • The User may withdraw from the contract by using the following form, which must be completed in its entirety and sent to the email address info@vrcustomshoes.com before the withdrawal period expires:

I hereby give notice of my withdrawal from the sales or supply contract regarding the following product

 

 Order number:

__
Ordered on:

__
First and Last Name:

__
Address:

_
Email address associated with the account used to place the order:

 

Date:

  

  • Warranty of Conformity for Physical Products for Consumers

Consumer Users are entitled to the guarantee of conformity provided for in Articles 129 et seq. of the Consumer Code for all physical Products sold through the Application, except in the cases of exclusion provided for in Article 128 of the Consumer Code.

The Owner is liable to the Consumer User for any lack of conformity that becomes apparent within two years of delivery. During the first year, the Consumer User is not required to prove that the defect existed at the time of delivery, as it is presumed to have already existed at that time, unless such a presumption is incompatible with the nature of the Physical Product or the nature of the lack of conformity.

If the Consumer User wishes to avail themselves of the remedies provided under the warranty of conformity, they must send a written notice to the email address info@vrcustomshoes.com or call customer service at +39 3286152305.

The Data Controller will respond promptly and inform the Consumer User of the procedure to follow.

For matters not covered by this clause, Articles 128 through 135-septies of the Consumer Code and the relevant provisions of the Civil Code regarding the formation, validity, and enforceability of contracts shall apply, including the consequences of contract termination and the right to compensation for damages.

  • Content Submitted by Users

Users may upload Content to the Application, provided that it is not unlawful (i.e., obscene, threatening, defamatory, pornographic, abusive, or illegal in any way, or that violates privacy, the intellectual and/or industrial property rights of the Owner and/or third parties), misleading, or otherwise harmful to the Owner and/or third parties, and does not contain viruses, political propaganda, commercial solicitations, mass emails, or any other form of spamming. In the event of a claim by a third party, the User assumes full responsibility and agrees to hold the Owner harmless and indemnify the Owner against any damages, losses, or expenses.

The User warrants that the Content is submitted to the Application via their account by individuals of legal age. For minors, the submission of Content must be reviewed and authorized by parents or those exercising parental responsibility.

The User is fully and exclusively responsible for the use of the Application with regard to the functions of publishing, viewing, managing Content, and contacting other Users, and is therefore the sole guarantor and party responsible for the accuracy, completeness, and lawfulness of the Content and of their own conduct.

It is prohibited to use an email address that does not belong to the User, to use another User’s personal data and credentials to impersonate them, or to otherwise make false statements regarding the origin of the Content.

The Owner is unable to ensure thorough monitoring of the Content received and reserves the right at any time to delete, move, or modify any Content that, in its sole discretion, appears to be unlawful, abusive, defamatory, obscene, or in violation of copyright or trademark laws, or otherwise unacceptable.

Users grant the Owner a non-exclusive right to use the submitted Content, without geographical restrictions. The Owner may therefore, directly or through trusted third parties, use, modify, copy, transmit, extract, publish, distribute, publicly perform, disseminate, create derivative works, host, index, store, annotate, encode, modify, and adapt (including, without limitation, the right to adapt for transmission via any means of communication) in any form, any Content (including images, messages, as well as audio and video) that may be submitted by the User, even through third parties.

Submitted Content will not be returned, and the Owner shall not be liable to Users for the loss, alteration, or destruction of the transmitted Content.

Unless expressly authorized by the Owner, the following are strictly prohibited: i) the use of automated ad-posting systems, except for those expressly authorized; ii) the serial publication and/or management of ads on behalf of third parties by any means or method; iii) reselling the Owner’s services to third parties.

  • Industrial and Intellectual Property Rights

All content of the Application, including text, documents, trademarks, logos, images, graphics, their layout, and any adaptations thereof, is protected by copyright law and trademark law. The Application may also contain images, documents, logos, and trademarks of third parties who have expressly authorized the Owner to publish them in the Application. Except for strictly personal use, you may not copy, alter, distribute, publish, or use the Content without the Owner’s specific authorization.

  • Disclaimer of Warranty

The Application is provided “as is” and “as available” and the Owner makes no express or implied warranties regarding the Application, nor does the Owner warrant that the Application will meet Users’ needs or that it will be uninterrupted, error-free, virus-free, or free of bugs.

The Owner will make every effort to ensure that the Application is available 24 hours a day without interruption, but shall in no way be held liable if, for any reason, the Application is inaccessible and/or inoperable at any time or for any period. Access to the Application may be temporarily suspended without prior notice in the event of a system failure, maintenance, repairs, or for reasons entirely beyond the Owner’s control, or due to force majeure.

  • Limitation of Liability

The Owner shall not be liable to the User—except in cases of willful misconduct or gross negligence—for service disruptions or malfunctions related to the use of the internet that are beyond its control or that of its suppliers.

Furthermore, the Owner shall not be liable for any damages, losses, or costs incurred by the User as a result of the failure to perform the contract for reasons not attributable to the Owner; in such cases, the User is entitled only to a full refund of the price paid and any incidental charges incurred.

The Owner assumes no liability for any fraudulent or unlawful use that may be made by third parties of credit cards and other means of payment, as the Owner does not come into contact in any way with the payment data used (credit card numbers, cardholder names, passwords, etc.).

The Owner shall not be liable for:

  • any loss of business opportunities or any other loss, including indirect losses, that the User may suffer that are not a direct consequence of a breach of contract by the Owner
  • incorrect or improper use of the Application by Users or third parties
  • the issuance of incorrect tax documents or data due to errors in the information provided by the User, as the User is solely responsible for entering such information correctly

Under no circumstances shall the Owner be held liable for an amount exceeding twice the cost paid by the User.

  • Force Majeure

The Owner shall not be held liable for any failure or delay in fulfilling its obligations due to circumstances beyond the Owner’s reasonable control resulting from events of force majeure or, in any case, from unforeseen and unpredictable events that are, in any event, beyond its control.

The Owner’s performance of its obligations shall be deemed suspended for the duration of such force majeure events.

The Data Controller will take all measures within its power to identify solutions that allow for the proper fulfillment of its obligations despite the persistence of force majeure events.

  • Links to Third-Party Sites

The Application may contain links to third-party websites or applications. The Owner exercises no control over them and, therefore, is in no way responsible for the content of these websites or applications.

Some of these links may lead to third-party websites or applications that provide services through the Application. In such cases, the terms and conditions for using the website or application and for accessing the service established by the third parties shall apply to the individual services, and the Owner assumes no responsibility in this regard.

  • Privacy

The protection and processing of personal data will be carried out in accordance with the Privacy Policy, which can be viewed at vrcustomshoes.com/privacy-policy

  • Governing Law and Jurisdiction

These Terms are governed by Italian law.

For Consumer Users, any dispute regarding the application, enforcement, and interpretation of these Terms shall be referred to the court of the place where the Consumer User resides or has elected domicile, if located within the territory of the Italian State, without prejudice to the Consumer User’s right to bring a case before a court other than the “consumer court” pursuant to Article 66-bis of the Consumer Code, which has territorial jurisdiction according to one of the criteria set forth in Articles 18, 19, and 20 of the Code of Civil Procedure.

This is without prejudice to the application to Consumer Users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, particularly with regard to the time limit for exercising the right of withdrawal, the time limit for returning the Products in the event that such right is exercised, the procedures and formalities for notifying such withdrawal, and the statutory warranty of conformity.

  • Online Dispute Resolution for Consumer Users

Consumer Users residing in Europe should be aware that the European Commission has established an online platform that provides a tool for alternative dispute resolution. This tool may be used by Consumer Users to resolve, out of court, any dispute relating to and/or arising from contracts for the sale of goods and the provision of services entered into online. Consequently, Consumer Users may use this platform to resolve any dispute arising from a contract entered into online. The platform is available at the following address: ec.europa.eu/consumers/odr/

Date: March 26, 2024