GENERAL CONDITIONS OF SALE

The offer and sale of products carried out on www.lurahshoes.com (hereinafter Site) are governed by these General Conditions of Sale (hereinafter “CGV”) in accordance with the provisions of Part III, Title III, Chapter I, of the Code of Consumption, Legislative Decree. n. 206/2005, modified by Legislative Decree. n. 21/2014 and by Legislative Decree. 70/2003 regarding electronic commerce.

These GCS are valid exclusively between the company NATTY s.r.l.s with registered office in 76011 Bisceglie (BT), Via Virgilio 16, VAT number and C.F. 08417220723 (hereinafter “LURAH”) and any person (hereinafter “CUSTOMER”) who makes online purchases on the Site.

These conditions may be subject to changes and the date of their publication on the site is equivalent to the date of entry into force.

ARTICLE 1. OBJECT

With these GCS, LURAH sells and the CUSTOMER remotely purchases the movable goods (hereinafter “PRODUCTS”) for sale on the Site. The contract is concluded exclusively via the electronic commerce service on the website, through the CUSTOMER’s access to the address www.lurahshoes.com and the creation of a purchase order according to the procedure provided by the site itself.

The customer undertakes to read, before confirming his order, these GCS, in particular the pre-contractual information provided by LURAH and to accept them by checking the indicated box.

ARTICLE 2 – PRE-CONTRACTUAL INFORMATION FOR THE CONSUMER – art. 49 of Legislative Decree 206/2005

Before concluding the purchase contract, the CUSTOMER examines the characteristics of the goods which are illustrated in the individual product sheets at the time of choice by the CUSTOMER.

Before validating the order with “payment obligation”, the CUSTOMER is informed regarding:

– total price of the goods including taxes, shipping costs and any other costs;

– payment methods;

– delivery terms;

– conditions, terms and procedures for exercising the right of withdrawal (art. 12 of the GCS);

– information relating to the CUSTOMER’s obligations in the event of withdrawal;

– existence of the legal guarantee of conformity for the goods purchased;

– after-sales assistance conditions and commercial guarantees provided by LURAH.

The CUSTOMER can at any time and in any case before the conclusion of the contract, take note of the information relating to LURAH, the geographical address, telephone and fax number, e-mail address, information which is also reported below:

NATTY s.r.l.s

Registered office: 76011 Bisceglie (BT), Via Virgilio 16

Contacts: 351 6587207 – info.lurah@gmail.com – nettysrls@pec.it

ARTICLE 3 – REGISTRATION ON THE SITE

Registration on the Website is free. To register, the user must complete the appropriate form, entering name, surname, e-mail address, password and click on the “Register” button.

ARTICLE 4 – USER RESPONSIBILITY

The User declares and guarantees that the information provided on the Website for registration and access to the services and contents is true, complete and updated.

In the event that one of the aforementioned declarations appears or becomes untrue or appears not to comply with the required requirements, in conflict with this GCS or in conflict due to any other behavior and/or use deemed harmful towards other users/suppliers of contents/interests of the Site, LURAH reserves the right to suspend and/or terminate the user’s access to the Site.

The user also undertakes to use the access credentials (Username and Password) provided upon registration in a lawful manner and not to transfer to third parties. Furthermore, the Customer assumes sole responsibility for any action connected to his username and password, carried out either personally or by others and undertakes to indemnify and hold harmless LURAH from any damage or claim deriving from the use or abuse of his credentials.

In the event that the user believes or realizes that a violation has occurred in the use of his password, he must immediately inform LURAH by contacting the Technical Support Service
_____________

ARTICLE 5 – CONCLUSION AND EFFECTIVENESS OF THE CONTRACT

The sales contract is considered concluded with the sending by LURAH to the CUSTOMER of an order confirmation email. The email contains the CUSTOMER’s data and the order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent.

The CUSTOMER undertakes to verify the correctness of the personal data contained in the above email and to promptly communicate to LURAH any corrections/changes to be made.

LURAH undertakes to describe and present the items sold on the site in the best possible way. Nonetheless, there may be some errors, inaccuracies or small differences between the product depicted on the site and the actual product. Furthermore, the photographs of the products presented on the Site do not constitute a contractual element, as they are to be considered representative only.

ARTICLE 6 – AVAILABILITY OF PRODUCTS

The availability of the products refers to the actual availability at the time the CUSTOMER places the order. This availability must however be considered purely indicative as:

– the products could be sold to other CUSTOMERS before the order is confirmed, due to the simultaneous presence of multiple users on the site;

– an IT anomaly could occur that makes a product available for purchase that in reality is not.

Even after sending the order confirmation email sent by LURAH, there may be cases of partial or total unavailability of the goods. In this case, the order will be automatically rectified with the elimination of the unavailable product or products and the CUSTOMER will be immediately informed via e-mail also on the methods and timing of reimbursement of any sums paid.

ARTICLE 7 – PAYMENT METHODS

Each payment by the CUSTOMER can be made by bank transfer, credit card, debit card and Paypal.

Payments can also be made using a Gift Card and Loyalty Voucher.

Communications relating to payment and the data communicated by the CUSTOMER, when the transaction is carried out, take place on special protected lines. The security of credit card payments is guaranteed through VBV (Verified by VISA) and SCM (Security Code Mastercard) certification.

For payments through the PayPal circuit or via credit cards managed by PayPal, once the order has been confirmed, LURAH will generate and send the CUSTOMER an automatic email confirming receipt and after receiving confirmation from PayPal of the payment, LURAH proceeds with the shipping operations to the Customer who will receive an e-mail containing confirmation of payment and an identification number of their order.

For payments by bank transfer, the order ID is required to be entered in the reason for payment.
If the bank transfer is not received within 4 days of placing the order, the order will be cancelled.

ARTICLE 8 – PRICES

All sales prices of the products indicated on the SITE are expressed in Euros, include VAT and do not include shipping costs.

The CUSTOMER accepts LURAH’s right to modify its prices at any time, however the goods will be invoiced based on the prices indicated in the order confirmation email sent by LURAH to the CUSTOMER.

In the event of an IT, manual, technical or any other type of error that could lead to a substantial change, not foreseen by LURAH, in the public sale price, which makes it exorbitant or clearly negligible, the purchase order will be considered invalid and canceled and the amount paid by the CUSTOMER will be refunded within 14 days. from the day of cancellation.

ARTICLE 9 – DELIVERY METHODS

LURAH will accept orders to be delivered throughout the national and international territory. The products will be delivered to the address indicated by the CUSTOMER at the time of the order.

LURAH is not obliged to ship the products until it has received full payment of the price.

In case of refusal of the order, the CUSTOMER will be charged for shipping costs and all additional costs for returning it to LURAH.

For each order placed on the Site, LURAH issues an invoice for the goods shipped. The invoice will contain all the data provided by the CUSTOMER during the purchase procedure. After issuing the invoice, it will not be possible to make any changes to the data indicated in the invoice.

Orders are shipped by LURAH, every day from Monday to Friday, from 9.30am to 5.30pm. In the event of an order placed on weekends and/or public holidays, it will be processed on the first working day.

Product deliveries will be made according to the following methods:

· On Italian territory, delivery times are estimated from 2 to 5 working days and are free;

· Within the countries of the European Union, delivery times vary from 5 to 7 working days and shipping costs are equal to 15.00 Euros for orders less than 300.00 Euros, while they are free for higher orders

ATTENTION: During the period of sales, promotions, events or holidays, shipments may be delayed or require longer times completely independent of LURAH’s will.

ARTICLE 10 – PASSING OF RISK

The risks relating to the products will pass to the buyer from the moment of delivery. Ownership of the products is considered acquired as soon as full payment of all amounts due in relation to them is received, including shipping costs, or at the time of delivery, if this occurs at a later time.

ARTICLE 11 – LEGAL GUARANTEE OF CONFORMITY

All products marketed by LURAH are covered by a 24-month warranty for defects of conformity, pursuant to Legislative Decree no. 24/02. To benefit from warranty assistance, the Customer must keep the SALES DOCUMENT that he will receive together with the purchased goods.

The 24 month guarantee pursuant to Legislative Decree no. 24/02 applies to the product that presents a lack of conformity, provided that it has been used correctly, in compliance with its intended use and as provided in the attached technical documentation. This guarantee, in compliance with the Legislative Decree. N. 24/92, is reserved only for private consumers. In the event of a lack of conformity, LURAH will, at no cost to the Customer, restore the conformity of the product through repair/replacement or reduce the price, until the contract is terminated, but in the event of a minor defect, for the if the repair or replacement remedies prove to be excessively burdensome, it does not give the right to terminate the contract and cancel the order.

The essential characteristics of the Product are indicated in the respective product sheet. The images and colors of the Products on the Site may not correspond to the real ones due to the technical characteristics of the Internet browser or monitor.

The application of any guarantee is excluded in the event of use of the Product that does not comply with those of the Product itself and/or with the relevant instructions/warnings provided by LURAH, or reported in the illustrative reference documentation, tags or labels.

Pursuant to and for the purposes of Directive 1999/44/EC, Legislative Decree. n. 206/2005 (the “Consumer Code”) and, where applicable, Directive (EU) 2019/771, the CUSTOMER enjoys the conventional guarantee for a period of 2 years from the date of delivery (“Guarantee Period”).

For other buyers, who usually purchase with a VAT number, the legal guarantees referred to in articles 1490 et seq. of the Civil Code will apply. (one year under the legal conditions).

The CUSTOMER can exercise this right of withdrawal in the manner provided for in art. 12 of the GCS.

ARTICLE 12 – RIGHT OF WITHDRAWAL

Without prejudice to the exceptions referred to in article 59 of the Consumer Code, the Customer has the possibility of returning the goods, EXCLUSIVELY IF UNUSED, within 14 (fourteen) days from the delivery date, or in the case of purchasing multiple Products delivered separately with just one order, the last product was delivered. The date shown on the delivery note is full proof of receipt.

The CUSTOMER who intends to exercise the right of withdrawal must communicate it through the form on the site which must be completed and sent to info.lurah@gmail.com

The right of withdrawal is subject to the following conditions:
– the returned Products must be returned in their entirety and not on parts or components of them even in the case of kits;
– the returned Products must not have been used, worn, washed or damaged;
– the returned Products must be returned in their original undamaged packaging with the attached tax documentation.

The right of withdrawal does not apply in the case of Products which are not suitable for return for hygienic reasons and/or which have been opened and worn after delivery and which show visible signs of wear and/or damage (for example on the sole, to the upper, the insole, the heel, the accessories, the metalwork, etc.)

The return request will be accepted only after authorization from the LURAH Team. To obtain this authorization, the CUSTOMER must send, through the form on the site, a request which will be subjected to a preliminary photographic check and a subsequent quality check by the specialized operators appointed by LURAH once it returns to the warehouse.

LURAH reserves the right to refuse the return or to charge for any decrease in the value of the goods, refunding only the residual value of the Product. Within 14 (fourteen) days from the communication of refusal of the return by LURAH, the CUSTOMER may request, at his own expense, the return of the returned product.

For return policies, see the “Shipping and returns” page.

The right of withdrawal cannot be applied in the case of customized products at the time of placing the Order upon explicit request of the Customer.

LURAH will carry out the refund using the same payment method chosen by the CUSTOMER during the purchase.

In case of withdrawal for the purchase made with a gift card and loyalty voucher, the amount will be returned to the CUSTOMER with a purchase voucher which will be valid for 90 days and can be used by the CUSTOMER for subsequent purchases in a single solution.

ATTENTION We recommend that you carefully consult the information in the Description and Size Guide table and carefully read all the information relating to the fit before making the purchase.

ARTICLE 13 – LIMITATIONS OF LIABILITY

LURAH assumes no responsibility if, due to unforeseeable circumstances or force majeure, it is unable to execute the order within the expected timescales or any further disruption occurs.

LURAH cannot be held responsible towards the Customer, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet and outside the control and management power of the Company itself.

Furthermore, LURAH will not be responsible for damages, losses and costs suffered by the Customer following failure to execute the contract for reasons not attributable to the Company itself, the Customer having the right only to a refund of the price paid.

LURAH assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards and other means of payment, when paying for the products purchased, if it demonstrates that it has taken all precautions possible based on the best science and experience at the time.

ARTICLE 14 – DATA PROCESSING

User privacy is very important. We recommend that you carefully read the Privacy Policy, which is to be considered an integral part of this document, which describes how the personal data provided will be used for the purposes of providing the service, as well as the “Rights of the interested party” in compliance with the ‘ art. 15 GDPR. which describes how the personal data will be used. Occasionally, changes and/or corrections will be made to the Privacy Policy to accommodate new technologies, industry practices and regulatory requirements or for other purposes. Users will be informed with a message to the e-mail address indicated during registration on the Site, or another method of communication (e.g. notification on the Personal Profile, …) within 30 days of the entry into force of the new rules, in the case of substantial changes in the methods of processing personal data. The user undertakes to keep their personal data constantly updated. However, users are invited to periodically check the information in order to always be updated on practices regarding the protection of personal data.

ARTICLE 15 – CUSTOMER ASSISTANCE – COMMUNICATIONS AND COMPLAINTS

The Customer may request any information from NATTY s.r.l.s through our assistance service:

·via email at info.lurah@gmail.com

· by phone at +39 3516587207.

· via the “Contacts” section of the Site.

ARTICLE 16 – INTELLECTUAL PROPERTY RIGHTS

The distinctive signs, trademarks, names, images, photographs, written or graphic texts used on the Site or relating to the Products are and remain the exclusive property of NATTY s.r.l.s and are protected by copyright regulations and by the provisions of the Code of Industrial Property (Legislative Decree 30/2005 and subsequent amendments). The contents of the Site cannot be modified, reproduced, either in whole or in part, duplicated, transferred by electronic or conventional means, used for any purpose without the prior written consent of NATTY s.r.l.s. Any use of the contents of the Site for advertising and/or commercial purposes is prohibited.

ARTICLE 17 – LAW AND JURISDICTION

These General Conditions of Sale are subject to Italian law.

Any dispute that cannot find an amicable solution will be submitted to the jurisdiction of the Court of BARI.

Pursuant to art. 14 of Regulation 524/2013, the Customer is also informed that in the event of a dispute he can submit a complaint via the European Union ODR platform which can be reached at the following link http://ec.europa.eu/consumers/odr.