GENERAL CONDITIONS OF SALE

Dear Customer,

The offer and sale of products on the Ardemia website ( https://www.ardemia.it/ ) are governed by these General Conditions of Sale.

The Customer is required to carefully read these general conditions of sale before submitting his purchase order.

The forwarding of the purchase order implies full knowledge and express acceptance of the aforementioned general conditions of sale.

1. Information on purchasing and product quality

ARDEMIA Srl is a craft company, it does not have a warehouse and produces each individual item, on commission from the customer from the moment the order is placed on the website.

Therefore, it is possible to change size, color and model (in the absence of customizations requested by the customer pursuant to article 3 of these conditions) but this could involve additional costs which include manufacturing and shipping.

ARDEMIA Srl handcrafts its items, but does not carry out modifications to the footwear or repair services of any kind, therefore, it does not assume responsibility for the result of such repairs\modifications if requested by the customer.

It is not always possible to eliminate small imperfections, slight variations in color grain, scratches or stains, not even with the most careful selection of leather or with the best leather processing methods.

Our products are made entirely by hand and no industrial machinery is used, for this reason they are unique and limited, therefore, each item, even if from the same collection, could vary in color tone or shape compared to another, presenting irregularities in the holes, in the seams or in other types of workmanship.

We have recently added stitching to the insole of our sandals, to give greater durability to the articles. However, not all the photos show the same stitching and we therefore want to warn our customers that they may receive the products with stitching on the insole.

Furthermore, leather, if exposed to strong light for long periods, is subject to color variations, therefore, it is not possible to guarantee that the colors of the leather will be maintained unchanged regardless of the quality of the tanning process.

Please also note that no responsibility is assumed by ARDEMIA Srl for the original conditions of the leather where it is verified that the product has been subjected to any cleaning or washing process.

We would also like to inform our customers that our sandals are not suitable for going to the beach, in contact with water or salt, therefore we do not guarantee, in this case, we do not guarantee the gluing process and therefore their duration.

On our website, for each product we have provided instructions on how to clean the item.

If you have any doubts we are wholeheartedly ready to help you and assist you in the best way, so do not hesitate to contact us by email: info@ardemia.it

2. Size Guide

The size of our footwear products is 'standard' (from size n.35 to n.41) and conforms to the European women's fit.

The measurement of the length of the soles is indicated in our size chart, in the specific section called “SIZE GUIDE”.

For the BEA model article, since this is a very 'tight' model and therefore envelops the entire foot, we have decided to make it easier for our customers by offering the sizes S, M, L.

Every foot is different, slimmer or fuller, and the reference size M (as indicated in the SIZE GUIDE) corresponds to the classic standard European women's fit.

For example, if your usual size is a 38 then you should take the BEA model, size 38M.

Only in case your foot is thinner and slimmer than normal and you usually have problems with shoes because they are too wide, you can opt for size 38S, which will correspond to a 38 sole but with a foot fit of size 37.

Only if your foot is wider and/or swollen than normal and you usually have a problem with shoes because they are too tight, you can opt for size 38L, which will correspond to a 38 sole but with a size 39 foot fit.

For the BEA model item we do not indicate nor is it possible to provide us with the foot measurements because, being an online shop, the measurement taken at home, by someone who is not expert in shoe manufacturing, could be incorrect and falsely indicate any proportions for the creation of your items.

In fact, we prefer to rely on standard European sizes as indicated above, where M corresponds to a standard size, S to a smaller fit (e.g. sole 38 fits 37) and L to a larger fit (e.g. sole 38 fits 39).

The instructions in this article are purely indicative, therefore, please consult us with an email or write us a message on our official social channels in case of doubts.

3. Right of withdrawal

In any case, the buyer has the right to withdraw from the contract stipulated, without any penalty and without specifying the reason, within 14 calendar days, starting from the day of receipt of the purchased goods.

In the event that the buyer decides to exercise the right of withdrawal, he must notify ARDEMIA SRL by email to the following email address: info@ardemia.it

ARDEMIA SRL only after receiving the product(s) and only after having positively verified compliance with the terms and conditions for exercising the right of withdrawal as well as the integrity of the products, as specified in the following point 3.1, ARDEMIA SRL will provide free reimbursement of the entire amount paid by the buyer within 14 (fourteen) days from receipt of the withdrawal notice, net of return shipping costs. This term may be extended if the order was paid by cash on delivery, therefore starting from the date of actual receipt of payment, or if the goods have not yet reached our warehouses.

The refund amount will be communicated via email and credited with the same payment method used by the buyer for the purchase (with the exception of payments with the "Cash on Delivery" method which will be refunded via bank transfer).

Upon receipt of the communication with which the buyer communicates the exercise of the right of withdrawal, the parties to this contract are released from their mutual obligations.

4. In the case of an item without personalisation, returns are possible under the following conditions:

• The right applies to the product purchased in its entirety.

• It is not possible to exercise the right of withdrawal on only part of the purchased product.

• The purchased item must be intact and returned in its original packaging, complete in all its parts.

• All shipping costs are the responsibility of the buyer, who can cancel the order within 14 working days of delivery of the goods.

• Shipments, until the certificate of receipt at our warehouse, are under the responsibility and at the expense of the customer.

• In the event of damage to the goods during transport, we will inform the buyer of the incident to allow him to promptly report his complaint to the courier chosen by him and obtain a refund for the goods (if insured). The product will be returned to the customer with shipping costs at his expense, simultaneously cancelling the request for withdrawal.

• We are not responsible in any way for damage or theft or loss of goods returned with uninsured shipments.

• Upon arrival, the product will be examined to verify its integrity, assessing the presence of damage or tampering not attributable to transport.

• The right of withdrawal lapses totally, due to the lack of the essential condition of integrity of the goods (packaging and/or its contents).

5. Refund

The refund of the price of the item for which the withdrawal was exercised and, where applicable, of the shipping costs, will be made within 30 days of receipt of your withdrawal notice.

The seller may withhold the refund until the item is received or until you provide proof of having returned it.

If the product you purchased arrived damaged due to transportation or is not what you ordered, please notify us within 24 hours.

Sending notification of damaged or different product from the one ordered:

• send an email to info@ardemia.it
• indicate the product in your order list and a brief description of the problem;
• We will send you the courier's waybill by email to print and attach to the package;
• The courier will collect the package the first day after the communication, at the address indicated at the time of registration. We recommend that you pack the goods in the same way as received, so that the item is not damaged during transport.
• Once the aforementioned notice of withdrawal has been communicated, the buyer is required to return the goods within and no later than 14 days from the date of sending the communication. The buyer must take care to return the goods indicating on the package his/her data, such as name, surname, address, telephone number and reference order number.

6. Exceptions to the right of withdrawal

The possibility of returning the product under the conditions set out in Article 3 applies only to products without personalisation, i.e. products that have not undergone modifications by the seller, specifically requested by the buyer, the elimination of which could damage the aesthetics, quality and functionality of the product (e.g. modifications regarding the shape of the product or others such as the engraving of names or figures on the product, or sewing or gluing of any decoration etc.) or, in any case, involving disproportionate costs.

Pursuant to Article 59, letter c) of the Consumer Code, the right of withdrawal is excluded in cases where the goods sold have been made "to measure" or "personalised" based on the choices of the end customer.

Pursuant to Article 45 of the Consumer Code, products made following “the consumer's instructions”, not prefabricated but produced on the basis of an individual choice or decision, are classified as personalized goods.

By way of example, if the buyer has requested a personalized engraving on the sole, this circumstance will make it impossible for us to re-place the product on the market and consequently the customer will not be able to exercise the right referred to in article 3 of these general conditions.

7. Limitations of liability

ARDEMIA SRL assumes no responsibility for disruptions attributable to force majeure (including, by way of example, natural disasters, terrorist acts, strikes, network malfunctions and/or blackouts) in the event it is unable to execute the order within the timeframes set out in the contract.

Furthermore, ARDEMIA SRL will not be liable for damages, losses and costs incurred by the buyer as a result of the failure to execute the contract for reasons not attributable to him, the buyer being only entitled to the full refund of the price paid and any additional costs incurred.

 In no case may the buyer be held responsible for delays or errors in payment if he can demonstrate that he has made the payment within the times and methods indicated by ARDEMIA SRL

Furthermore, ARDEMIA SRL will not be responsible for any loss or damage to the shipped product if the customer has provided an incorrect address during the purchase phase or if the customer has not collected the package from storage where agreed.

8. Liability for damage caused by defective products

The producer of the raw material and/or the manufacturer of the finished product or one of its components are responsible for damage caused by defects in their product. ARDEMIA SRL is not responsible for damage caused by defects in the material with which the goods sold are made if it communicates to the damaged party, within 3 (three) months of the request, the identity and address of the producer of the material or of the person who supplied it.

The aforementioned request, by the injured party, must be made in writing and must indicate the product that caused the damage, the place and date of purchase and the defect in the material, and must also contain the offer to view the product, if it still exists.

ARDEMIA SRL cannot be held responsible for the consequences arising from a defective product if the defect is due to the conformity of the product to a mandatory legal provision or a binding provision, or if the state of scientific and technical knowledge, at the time the manufacturer put the product into circulation, did not yet allow the product to be considered defective.

No compensation will be due if the injured party was aware of the defect in the product and of the danger resulting from it and nevertheless voluntarily exposed himself to it.

 In any case, the injured party will have to prove the defect, the damage, and the causal connection between the defect and the damage.

9. Guarantees and assistance methods

For the purposes of this contract, consumer goods are presumed to be in conformity with the contract if, where relevant, the following circumstances coexist: ( a ) they are fit for the use for which goods of the same type are normally used; (b ) they conform to the description given by the seller and possess the qualities of the goods which the seller has held out to the consumer as a sample or model; (c ) they present the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect, taking into account the nature of the goods and, where applicable, public statements on the specific characteristics of the goods made in this regard by the seller, the producer or his agent or representative, in particular in advertising or on labelling; ( d ) they are also fit for the particular use intended by the consumer and which was made known to the seller by the consumer at the time of conclusion of the contract and which the seller has also accepted by conclusive facts.

The buyer loses his rights if he does not report the lack of conformity to ARDEMIA SRL within 2 (two) months from the date on which the defect was discovered.

In any case, unless proven otherwise, it is presumed that the lack of conformity which becomes apparent within 6 (six) months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the lack of conformity.

In the event of a lack of conformity, the Buyer may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the purchased goods, a reduction in the purchase price or the termination of this contract, unless the request is objectively impossible to satisfy or is excessively onerous for ARDEMIA SRL .

The request must be sent in writing, by registered mail, to ARDEMIA SRL , which will indicate its willingness to comply with the request, or the reasons that prevent it from doing so, within 7 (seven) working days of receipt.

In the same communication, where ARDEMIA SRL has accepted the buyer's request, it must indicate the shipping or return methods of the goods as well as the expected deadline for the return or replacement of the defective goods.

If the repair and replacement are impossible or excessively expensive, or ARDEMIA SRL has not repaired or replaced the goods within the term indicated in the previous point or, finally, the replacement or repair previously carried out has caused significant inconvenience to the buyer, the latter may request, at his choice, an appropriate reduction in the price or the termination of the contract. In this case, the buyer must send his request to ARDEMIA SRL , which will indicate its willingness to proceed with the same, or the reasons that prevent it from doing so, within 7 (seven) working days of receipt.

In the same communication, where ARDEMIA SRL has accepted the buyer's request, it must indicate the proposed price reduction or the methods of returning the defective goods. In such cases, it will be the buyer's responsibility to indicate the methods for re-crediting the sums previously paid to ARDEMIA SRL

10. Buyer's obligations

The buyer undertakes to pay the price of the purchased goods within the time and manner indicated in the contract.

The buyer undertakes, once the online purchase procedure has been completed, to print and keep this contract.

The information contained in this contract has, moreover, already been viewed and accepted by the buyer, who acknowledges this, as this step is made mandatory before confirmation of the purchase order.

11. Our Intellectual Property

The products on sale on the ARDEMIA website are for private and non-commercial use only.

You are purchasing physical goods for your private, household use only.

All copyrights, trademarks, patents and other intellectual property rights relating to our website and our products remain the sole and exclusive property of ARDEMIA SRL and its licensors. All such rights are reserved.

You have no right or license to use or exploit any of our intellectual property rights for any purpose, commercial or otherwise.

Without prejudice to our general rights, we may refuse to accept orders for multiple quantities of an item to be shipped to any customer or delivery address.

12. Other important terms

ARDEMIA Srl has the right to assign this contract to a third party, as well as to transfer its rights and obligations under these terms to a third party. We will notify you in writing if this happens and will ensure that the transfer does not affect your rights under the contract.

The customer needs the consent of ARDEMIA Srl to transfer his rights to someone else.

The customer may transfer his rights or obligations to a third party only if ARDEMIA Srl provides written acceptance.

The contract is between ARDEMIA Srl and the buyer, no other natural or legal person will have any right to enforce any of its terms.

The invalidity of individual clauses does not imply the invalidity of the entire contract which will remain in full force and effect between the parties. Each of the paragraphs of these Conditions operates separately.

These Terms, all Contracts and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with Italian law and you and we agree to submit to the exclusive jurisdiction of the courts of Naples.

13. Privacy Policy

ARDEMIA SRL, owner of the data collected through the ARDEMIA website, protects the privacy of its Users/Buyers and guarantees that the data processing complies with the provisions of Regulation (EU) 2016/679 . Hence the invitation to Users/Buyers to carefully read the Privacy Policy before accessing the ARDEMIA SRL website

14. Communications and complaints

The Buyer may request any information and/or send communications and/or submit complaints regarding sales, purchase orders, products, payments and shipments, etc. Such communications directed to ARDEMIA SRL and any complaints will be valid if forwarded via email to info@ardemia.it .

Therefore, the buyer indicates in the registration form his/her residence or domicile, telephone number or email address to which he/she wishes communications from ARDEMIA SRL to be sent. In the event of notification of withdrawal, reference is made to the rules established in articles 3 and 4.

15. Final clauses

ARDEMIA SRL reserves the right to modify, suspend or cease sales on the Site. ARDEMIA SRL cannot in any way be held responsible towards the user or towards third parties for such modification, suspension or cessation.