Terms and Conditions

The terms and conditions under which OSCAR CALZATURE SNC offers users access to its services available on the website www.oscarcalzature.it are described below.


  1. Definitions

    To allow a complete understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, will have the meaning indicated below:

    1. Owner: Oscar Calzature Snc, with registered office in Via Roasio 26, VAT number IT06810830015, telephone 0117714284, e-mail info@oscarcalzature.itaddress, PEC address calz.oscar@pec.it;
    2. Application: the website www.oscarcalzature.it, managed by the Owner, which offers the sale of footwear, clothing and accessories;
    3. Products: the products and / or services offered through the Application;
    4. User: the person who accesses the Application, without distinction of legal nature and pursued purpose, interested in the Products offered through the Application;
    5. Consumer: natural person who acts for purposes unrelated to any commercial, craft or professional entrepreneurial activity carried out;
    6. Conditions: this contract which governs the relationship between the Owner and the Users and the sale or supply of the Products offered through the Application.
  2. Stipulation, conclusion and effectiveness of the Conditions

    The purchase contract for the Products is concluded by completing and sending the order form correctly. This form shows the details of the orderer and the order, the price of the purchased Product, any additional accessory charges, the methods and terms of payment, the address where the Product will be delivered, the delivery times and the existence of the right of withdrawal as well as consent to the processing of personal data.
    When the Owner receives the order from the User, he sends a confirmation e-mail or displays a printable order confirmation and summary web page, in which the data recalled in the previous point.
    The Conditions are not considered effective between the parties in default of what is indicated in the previous point.
    The Owner may modify or simply update these Conditions, in whole or in part. The User acknowledges and accepts that any changes to these Conditions will apply to orders sent by Users after the date of communication of the modification of the Conditions. The User is therefore invited to view the Conditions at each access to the Application and it is advisable to print a copy for future consultations.
  3. Registration

    In order to use some features of the Application, Users must register by providing, in a truthful and complete manner, all the data requested in the relevant registration form and fully accept the privacy policy ( http://www.oscarcalzature.it/privacy) and these Terms. The User has the duty to keep their login credentials.
    It is understood that in no case can the Owner be held responsible in the event of loss, dissemination, theft or unauthorized use by third parties, for any reason whatsoever, of the Users’ access credentials.
  4. Account cancellation and closure

    Registered Users can stop using the Products at any time and deactivate their accounts or request their cancellation through the Application interface, if possible, or by sending a written communication to the email address Info @ oscarcalzature.it, or by calling Customer Service on 0117714284.
    The Owner, in case of violation by the User of these Conditions or applicable legal provisions, reserves the right to suspend or close the User’s account in any moment and without warning.
  5. Purchases on

    the Application The purchase of one or more Products through the Application is allowed both to Users who have the quality of Consumers, and to Users who do not have this quality.
    Pursuant to art. 3, I comma, lett. a) of the Legislative Decree 206/2005 (“Consumer Code“) it is recalled that natural persons who, in relation to the purchase of the Products, act for purposes unrelated to any entrepreneurial, commercial, professional or artisan activity carried out.
    Individuals are allowed to purchase only on condition that they are eighteen years old.
    The Owner undertakes to describe and present the Products sold on the Application in the best possible way. Nevertheless, some errors, inaccuracies or small differences between the Application and the actual Product may emerge. Furthermore, any photographs of the Products on the Application do not constitute a contractual element, as they are only representative.
    The User expressly attributes to the Owner the right to accept, even partially, the order placed (for example in the event that all the Products ordered are not available). In this case the contract will be considered finalized in relation to the Products actually sold.
    The Owner reserves the right to refuse an order:

    1. when the Product is not available;
    2. when the authorization to charge the cost of the Product to the User is denied;
    3. when at the time of purchase an obviously incorrect and recognizable price is indicated. In this case, the User will be contacted by Customer Service to be informed and will receive a refund for the transaction made.
  6. Prices and payments

    The Owner reserves the right to change, at any time, the price of the Products and any shipping costs of the same. It is understood that any changes will in no case affect the contracts already concluded before the change.
    The selling prices of the Products include VAT; any other tax and / or shipping costs charged to the User will be indicated before confirming the purchase.
    The User undertakes to pay the price of the Product purchased in the times and methods indicated in the Application.
    Any refund to the User will be promptly credited through one of the methods proposed by the Owner and chosen by the User and, in case of exercising the right of withdrawal, at the latest within 30 days from the date on which the Owner became aware of the withdrawal itself. .
    The Application uses third-party tools for processing payments and does not in any way come into contact with the payment data provided (credit card number, name of holders, passwords, etc.).
    Should such third party instruments deny the authorization to pay, the Owner will not be able to supply the Products and will not be responsible for any delay or failure to deliver.
  7. Invoicing The
    User who wishes to receive the invoice will be asked for the billing information. For the issuance of the invoice, the information provided by the User, which he declares and guarantees to be true, will be authentic, releasing the Owner any full indemnity in this regard.
  8. Methods of delivery of material Productsmaterial

    ByProduct, we mean any movable or digital good provided on a tangible medium offered through the Application.
    The ordered material Products will be delivered to the User, at the address indicated by him, in the manner chosen by the User or indicated in the Application at the time of purchase. Delivery will take place within the terms indicated in the order confirmation.
    Upon receipt, the User is required to verify the conformity of the Product delivered with the order placed; only after this check will it be necessary to sign the delivery documents, without prejudice to the right of withdrawal.
    Should an order exceed the quantity existing in the warehouse, the Owner, by e-mail, will inform the User if the Product is no longer bookable or what are the waiting times to obtain it, asking if he intends to confirm the order or not. .
    The Owner assumes no responsibility for the delay or failure to deliver the Product due to force majeure such as accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods and other similar events that prevented, in whole or in part, to execute within the agreed time.
    The Owner will not be liable to any party or third party for damages, losses and costs incurred as a result of the failure to execute the contract for the aforementioned causes, having the User only entitled to a refund of any price paid.
  9. Right of withdrawal of material Products

    The User who plays the role of consumer and who for any reason is not satisfied with the purchase of material Products has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason within the term 14 days from the date of delivery of the Product.
    It is understood that the right of withdrawal referred to in the previous paragraph is excluded in the following cases:

    1. supply of products made to measure or clearly personalized; In order to withdraw from the contract, the User must contact the Owner at the e-mail address info@oscarcalzature.it or call the Customer Service at 0117714284. The User will be informed of the procedures concerning the return of the Product. The sending of the communication may validly be replaced by the return of the purchased Product, provided that it is within the same terms. The date of delivery to the post office or to the forwarder will be valid between the parties.
      In the event of withdrawal, the Owner will reimburse the payments received from the User excluding delivery costs without undue delay and, in any case, no later than 30 days from the day on which the User communicated to the Owner that he wishes to withdraw from the contract.
      The Holder will reimburse the User in the same payment methods used by the User for the online purchase.
      The User must return the Products at his own expense, unless the Supplier agrees to take them on, without undue delay and in any case within 14 days from the date on which he communicated to the Owner his decision to withdraw.
      The User is responsible for the integrity of the Product as long as the same asset is in his possession and must take all appropriate measures to preserve the Product and do everything possible to ensure that the Product is returned in the best possible conditions, including the original undamaged packaging, instruction manuals, accessories, any separate items and any other components. The Product must not have been subject to manipulation other than that necessary to establish the nature, characteristics and functioning of the Product.
      The Owner will not take into consideration requests for return in the event that the returned Product is damaged due to improper use, negligence, damage or physical, aesthetic or superficial alterations, tampering or improper maintenance or wear and tear.
  10. Optional form to exercise the right of withdrawal

    Optionally, the User can withdraw using the following form, which must be completed in its and sent to the email address entiretyinfo@oscarcalzature.it , before the expiry of the withdrawal period:
    With this form I communicate the withdrawal from the sales contract relating to the following goods / services: __________
    Order number: _______
    Ordered on: _______
    Name and Surname: _______
    Address: ______
    Email associated with the account from which the order was placed : ____________________
    Date: __________
  11. Guarantee of conformity

    All Products that fall within the category of “consumer goods”, as governed by Article 128, paragraph 2 of the Consumer Code, sold through the Application are covered by the legal guarantee of compliance provided for by articles 128-135 of the Consumer Code.
    The legal guarantee of conformity is reserved for Consumers. It therefore applies only to Users who have made a purchase through the Application for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
    Those who have purchased on the Application and who do not have the quality of Consumers will be subject to the guarantees for defects in the thing sold, the guarantee for defects in promised and essential quality and the other guarantees provided for by the civil code with the relative terms, forfeiture and limitations (articles 1490 et seq. of the Italian Civil Code).
    The lack of conformity that occurs within 24 months from the date of purchase of the Product must be reported within 2 months from the date of discovery of the defect.
    Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. After the six months, the User will have to provide proof that the damage was not caused by incorrect or improper use of the Product.
    Pursuant to art. 130 of the Consumer Code, in the event of a lack of conformity of the Product, the User has the right to restore the conformity of the Product, without charge. To this end, the User can normally choose between the repair of the Product or its replacement. This right of choice cannot be exercised if the requested remedy is objectively impossible or excessively onerous. Furthermore, the User has the right to an adequate price reduction or termination of the contract, only if one of the following situations occurs: i) the repair and replacement are impossible or excessively expensive; ii) the Owner has not repaired or replaced within a reasonable time; iii) the replacement or repair have caused significant inconvenience to the consumer.
    If the User intends to take advantage of the remedies provided for by the legal guarantee that accompanies the Products, he must contact the Owner at the e-mail address info@oscarcalzature.it or call the Customer Service at 0117714284. The Owner will promptly reply to the communication of the alleged lack of conformity and will indicate to the User the specific procedure to follow, also taking into account the product category to which the Product belongs and / or the defect reported.
  12. Industrial and Intellectual Property Rights

    The Owner declares to be the owner and / or licensee of all intellectual property rights relating to and / or relating to the Application and / or the materials and contents available on the Application.
    These Conditions do not grant the User any license to use the Application and / or individual Contents and / or materials available therein, unless otherwise regulated.
    All trademarks, figurative or nominative and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos that appear in the Application are and remain the property of the Owner or its licensors and are protected current trademark laws and related international treaties.
    Any reproductions in any form of the explanatory texts and contents of the Application, if not authorized, will be considered violations of the Owner’s intellectual and industrial property right.
  13. Disclaimer of Warranty

    The Application is provided “as is” and “as is available” and the Owner does not provide any explicit or implicit guarantee in relation to the Application, nor does it provide any guarantee that the Application will meet the needs of Users or that it will never be interrupted or error free or that it will be free of viruses or bugs.
    The Owner will endeavor to ensure that the Application is available continuously 24 hours a day, but will in no way be held responsible if, for any reason, the Application is not accessible and / or operational at any time or for any period. . Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons completely unrelated to the will of the Owner or for events of force majeure.
  14. Limitation of Liability

    The Owner cannot be held liable to the User, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet outside of its own control or that of its sub-suppliers.
    Furthermore, the Owner will not be responsible for damages, losses and costs suffered by the User as a result of the non-execution of the contract for reasons not attributable to him, having the User only entitled to a possible full refund of the price paid and any additional charges. incurred.
    The Owner does not assume any responsibility for any fraudulent or illegal use that may be made by third parties, credit cards, checks and other means of payment, upon payment of the services purchased, if he proves to have adopted all the possible precautions based on the best science and experience of the moment and based on ordinary diligence.
    The User undertakes to indemnify and hold harmless the Owner (as well as any companies controlled or affiliated by the same, its representatives, collaborators, consultants, administrators, agents, licensees, partners and employees), from any obligation or liability, including any legal costs incurred to defend themselves in court, which should arise in the face of damage caused to other Users or third parties, in relation to the Content uploaded or the violation of the terms of the law or the terms of these Conditions.
    Therefore, the Owner will not be responsible for:

    1. any losses that are not a direct consequence of the breach of the contract by the Owner;
    2. any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the User (such as, by way of example but not limited to, commercial losses, loss of revenues, revenues, profits or presumed savings, loss of contracts or commercial relationships, loss of reputation or goodwill value, etc.);
    3. incorrect or unsuitable use of the Application by Users or third parties;
    4. the issuance of incorrect tax documents due to errors relating to the data provided by the User, the latter being solely responsible for the correct insertion.In
    5. no case can the Owner be held liable for a sum greater than double the cost paid by the User.
  15. Force majeure

    The Data Controller cannot be held responsible for the failure or delayed fulfillment of its obligations, due to circumstances beyond the reasonable control of the Data Controller due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent of the will such as, by way of example but not limited to, breakdowns or interruptions to telephone or electricity lines, the internet and / or in any case to other transmission tools, unavailability of websites, strikes, natural events, Corona virus and IT attacks, interruptions in ” provision of third-party products, services or applications.
    The fulfillment of the obligations by the Owner will be considered suspended for the period in which events of force majeure occur.
    The Owner will carry out any act in his power in order to identify solutions that allow the correct fulfillment of his obligations despite the persistence of force majeure events.
  16. Link to third party sites

    The Application may contain links to third party sites. The Owner has no control over them and, therefore, is in no way responsible for the contents of these sites. Some of these links may refer to third party sites that provide services through the Application. In these cases, the general conditions for the use of the site and for the use of the service prepared by third parties will apply to the individual services, with respect to which the Owner assumes no responsibility.
  17. Waiver
    No waiver by either party of any article of these Terms will be effective unless it is expressly stated to be a waiver and is communicated in writing.
  18. Invalidity of individual clauses

    If any provision of these Conditions is illegal or invalid, it will not be considered as part of the Conditions and this will not affect the remaining provisions which will continue to be valid to the fullest extent permitted by law.
  19. Privacy
    The protection and processing of personal data will take place in accordance with the Privacy Policy, which can be consulted at the page http://www.oscarcalzature.it/privacy
  20. Applicable law and competent court

    These Conditions and all disputes regarding execution , interpretation and validity are subject to Italian law and to the exclusive jurisdiction of the court of the place where the Data Controller is based.
    If the User is a consumer pursuant to Article 3 of the Consumer Code, the mandatory territorial jurisdiction is of the judge of the place of residence or domicile of the consumer himself, if located in the territory of the Italian State, without prejudice to the right for the User -consumer to appeal to a judge other than that of the “consumer court” pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria set out in art. 18, 19 and 20 of the civil procedure code.
  21. Online dispute resolution for consumers

    Consumers residing in Europe must be aware of the fact that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer to resolve in a non-judicial way any dispute relating to and / or deriving from contracts for the sale of goods and services stipulated online. Consequently, the Consumer can use this platform for the resolution of any dispute arising from the online contract stipulated with the Owner. The platform is available at the following address: http://ec.europa.eu/consumers/odr/

Date 17/04/2020