Terms of service

PREAMBLE
The company Elisabet S.r.l. (tax code and VAT no. IT02208680443), with registered office in Viale I Maggio, 35 – 63813 Monte Urano (FM) – Italy, registered with the Companies Register at the Chamber of Commerce of the Marche under no. FM 198872, markets and distributes in Italy, Europe and non-EU countries, through the website www.walkey.it (hereinafter the “Website”), footwear under its own brand Walkey (hereinafter the “Products”).

These general terms and conditions of sale (hereinafter the “General Conditions”) govern the purchase of the Products, carried out remotely by electronic means through the Website, by natural persons who, with reference to the purchase of the Products, act for purposes unrelated to any entrepreneurial, commercial, professional or craft activity they may carry out (hereinafter the “Consumer Customer(s)”), and are governed by Italian law on distance selling (Consumer Code).

For parties other than consumers who intend to purchase the Products for their own business or professional activity, the general terms and conditions specifically prepared by Elisabet pursuant to the Italian Civil Code (Articles 1470 et seq. of the Civil Code) shall apply; such terms exclude most of the clauses provided for Consumer Customers.

The clauses of these General Conditions referring to consumers shall apply exclusively to Consumer Customers. In particular, all provisions set forth in Articles 49 et seq. of the Consumer Code, as well as the mandatory protections provided by the same Code or by other applicable laws in force, shall apply to them.

All purchases are reserved for Website users, whether consumers or non-consumers, who are over 18 years of age, have full legal capacity to enter into a sales contract, and intend to make use of the Product sales services.

The Consumer Customer is required to inform themselves of and carefully review these General Conditions before completing a purchase on the Website. Such information shall in fact be deemed to have been read, understood and fully accepted by the Consumer Customer at the time the purchase proposal is submitted.

The Consumer Customer shall therefore comply with these General Conditions and acknowledge that Elisabet shall be relieved from any conditions other than those in force, unless previously agreed in writing.

01 – PRODUCTS
The Products available for online purchase on the Website are footwear for children and teenagers, subject to availability.

Elisabet reserves the right to change, at any time, the limits on quantities and/or the types of Products that may be purchased on the Website.

The publication of Products on the Website constitutes an invitation addressed to Website users to submit a purchase proposal in accordance with the procedure described below, and does not constitute an offer to the public pursuant to Article 1336 of the Italian Civil Code. Elisabet retains full and exclusive discretion as to whether to accept or reject the purchase proposal submitted by the Consumer Customer.

The Consumer Customer shall be promptly informed if their order cannot be fulfilled, regardless of the reason.

The graphic representation of the Products (images, technical data and descriptions) is provided solely for illustrative purposes and is purely indicative. Products may therefore differ from what is displayed on screen due to obvious reasons related to screen colour settings (e.g. colour shades of leather).

02 – LIMITATIONS ON THE SALE OF PRODUCTS
The Products are sold by Elisabet as the owner of the brand.

Commercial agreements may prevent Elisabet from selling certain Products of specific brands in certain territories. Therefore, notwithstanding the submission of an order, Elisabet may be obliged not to proceed with the sale.

In the event that an order cannot be fulfilled, Elisabet shall refund the amount paid using the same payment method selected for the purchase (reference is made to the provisions governing refunds in the event of exercising the right of withdrawal).

03 – ERRORS AND INACCURACIES
Elisabet aims to provide information on the Website that is constantly updated.

However, it cannot be guaranteed that the Website is completely free from errors. The Website may contain typographical errors, inaccuracies or omissions, some of which may relate to Product prices, availability or Product information sheets.

Elisabet reserves the right to correct errors, inaccuracies or omissions even after an order has been submitted, as well as to change or update information at any time without prior notice.

04 – PRICES
Prices of the Products on the Website are expressed in euros (€). Delivery costs are excluded, unless otherwise expressly indicated during checkout.

Elisabet constantly verifies that all prices indicated on the Website are correct; however, this does not guarantee the absence of errors. Should an error be detected in the price of a Product, Elisabet shall allow the Consumer Customer to reconfirm the purchase at the correct price or to cancel it.

05 – PROMOTIONS
Elisabet reserves the right to offer special sales conditions or promotions on the Products available on its Website. The conditions applicable to promotions shall be governed from time to time by specific communications to customers. Unless otherwise provided, these General Conditions shall apply.

06 – REGISTRATION
A purchase on the Website may be completed as a “guest” or by creating an account through registration. In both cases, only the information strictly necessary for the purchase and delivery of the Product will be required.

The registration procedure requires completion of an electronic form in which the Consumer Customer must enter their personal data and email address. Such data shall be processed in accordance with applicable data protection legislation. Upon registration, the Consumer Customer will be assigned a personal account, accessible via a username and a strictly confidential password. The Consumer Customer shall ensure that their password is not disclosed to third parties for any reason.

The Consumer Customer shall be held responsible for any unlawful actions or conduct in breach of applicable laws or these General Conditions carried out by anyone using their personal account. The Consumer Customer must promptly notify Elisabet of any theft, loss or misappropriation of the password, as well as any improper use of the account or password by third parties of which they become aware.

07 – PURCHASE PROCEDURE
To purchase Products, the Consumer Customer must complete and submit the electronic purchase order form to Elisabet, following the instructions provided on the Website.

The Consumer Customer must add the Product to the relevant “shopping cart” and, after reviewing and accepting any delivery charges, as well as the General Conditions and the privacy policy, select the desired payment method and choose the option “place order”. From that moment, the purchase proposal may no longer be modified.

The purchase order thus submitted shall be stored in Elisabet’s database for the time necessary to process the order and shall be retained for the time required to protect Elisabet’s rights in the event of disputes raised by the Consumer Customer and, in any case, to comply with legal obligations.

The Consumer Customer shall automatically receive written confirmation by email that the order has been received. Such email does not constitute acceptance of the Consumer Customer’s proposal.

08 – ORDER CONFIRMATION
By confirming the order, the Consumer Customer submits a purchase proposal to Elisabet, acknowledges and declares that they have reviewed all the information provided during the procedure, fully accept the General Conditions, and undertake to make the payment due.

The purchase order shall be stored in Elisabet’s database for the time necessary to process the order and for the time required to protect Elisabet’s rights in the event of disputes and to comply with legal obligations.

The purchase shall be deemed completed when the Consumer Customer obtains payment authorisation from the credit card issuer used for payment or receives the confirmation email where other payment methods have been chosen (e.g. cash on delivery, bank transfer).

The order submitted by the Consumer Customer shall be binding on Elisabet only if the entire purchase procedure has been completed correctly and without any error notification by the Website.

Elisabet shall not be liable for malfunctions attributable to the data transmission network provider.

Elisabet shall send the Consumer Customer, by email, a confirmation of receipt of the purchase order, containing the essential characteristics of the Products purchased, the date and time of the order, Elisabet’s address, detailed price information, the chosen payment method and delivery costs.

The Consumer Customer must promptly verify the content of such communication and immediately report any errors or omissions to Elisabet.

In any case, even if the contract has been concluded, it shall not produce effects until the amount due as the purchase price of the Product is fully available to Elisabet.

09 – NON-ACCEPTANCE OF THE PURCHASE ORDER
Non-acceptance of the order shall not entail any liability whatsoever on the part of Elisabet. In the event of non-acceptance of the purchase proposal, Elisabet shall refund the Consumer Customer any amounts already paid within a maximum period of fourteen (14) days from submission of the purchase proposal.

Refunds shall be made using the same payment method used for the purchase.

10 – PRODUCT UNAVAILABILITY – IMPOSSIBILITY OF DELIVERY
In the event of subsequent total or partial, temporary or permanent unavailability of the Products, or if Elisabet is unable to deliver the Products, Elisabet shall promptly notify the Consumer Customer, and in any case no later than thirty (30) days, by email to the address provided by the Consumer Customer.

In such cases, any amounts paid in excess shall be refunded as soon as possible and in any case within fourteen (14) days. Refunds shall be made using the same payment method selected for the purchase.

Once the refund has been issued, no liability may be attributed to Elisabet for failure to deliver the Products.

Elisabet shall also not be liable for unforeseeable delays, without prejudice to the fact that, except in cases of force majeure, the Products shall be delivered within a maximum period of thirty (30) days from the day following submission of the order.

If the force majeure event persists for a period exceeding thirty (30) days, either party shall be entitled to withdraw from the contract. In such case, the Consumer Customer shall not be entitled to any compensation or damages whatsoever, without prejudice to the right to reimbursement of any amounts already paid as the purchase price.

11 – SECURE PAYMENTS
When ordering on the Website, security is guaranteed.

During the purchase process, every page used to manage credit card transactions is protected by the latest version of the SSL (Secure Socket Layer) protocol.

This means that all financial information – credit card number, expiry date, etc. – is encrypted in advance using a particularly robust algorithm and only subsequently transmitted over the network.

When entering credit card details, financial information is sent directly to the bank’s secure website.

Neither Elisabet nor any other party shall ever have access to the Consumer Customer’s credit card details, thereby ensuring maximum security.

Credit card details are not stored.

Purchases may only be made by the cardholder, whose name and address must match those of the purchaser. Elisabet reserves the right, at its sole discretion, to request additional guarantees from the purchaser or to refuse the order.

For all credit card payments, refunds for returned Products shall always be credited to the same credit card used for the purchase.

12 – PAYMENT METHODS
Credit Card
Elisabet accepts major credit cards, including Visa and MasterCard.

Transactions are secure and hosted on “Shopify” servers (Shopify Payments). Elisabet does not intercept or store customers’ credit card details.

In the event of a return, the amount shall be credited to the card used for payment. The time required for funds to become available depends on the interbank circuit and is generally a few business days.

PayPal
By selecting “PayPal” as the payment method, the user will be redirected to the PayPal page, where:

• if the user already has a PayPal account, they may log in and confirm payment;
• if the user does not have a PayPal account, they may securely enter their credit card details and confirm payment without creating a PayPal account.

In the event of a return, the transaction shall be reversed and PayPal shall credit the amount in accordance with the original payment method used.

Cash on Delivery
Cash on delivery (C.O.D.) is available only for shipments within Italy.

This payment method may involve an additional fee, which shall be calculated and clearly indicated at checkout.

For cash on delivery orders, the courier will request payment upon delivery. The exact amount must be paid in cash; cheques or other payment methods are not accepted.

In the event of a return, a bank account is required in order to process the refund.

Bank Transfer
In certain countries, and only if expressly indicated at checkout, payment by bank transfer is available.

Bank transfer details shall be sent in the order confirmation email and indicated therein.

The full order amount must be transferred within three (3) days from the purchase date, indicating the order number and purchaser’s name in the transfer reference.

Orders paid by bank transfer shall be processed only after the funds have been credited to the specified bank account.

Elisabet’s Bank Details
Account holder: Elisabet S.r.l. – Viale I Maggio, 35 – 63813 Monte Urano (FM)
Bank: Banca di Ancona e Falconara Credito Cooperativo – Falconara Marittima Branch (AN)
IBAN: IT86R0808637350000000078257 – SWIFT/BIC: ICRAITRR2E0

Any bank or transfer fees shall be borne by the Consumer Customer.

Shipment shall take place as soon as confirmation is received that the amount has been credited to the company’s account (credit times vary depending on the country or originating bank). In the event of a return, the refund shall be made by bank transfer to the same account used for payment.

13 – SHIPPING AND DELIVERY
Shipping is free for orders delivered within Italy that reach the minimum amount indicated on the Website or at checkout, unless otherwise specified.

Shipping costs for orders delivered to EU countries (excluding Italy) and non-EU countries shall always be automatically calculated and displayed during checkout.

Within EU countries, Elisabet ships on a DDP (Delivery Duty Paid) basis; therefore, no additional charges are due upon delivery beyond those paid at the time of order.

For all other countries, shipping is carried out on a DDU (Delivery Duty Unpaid) basis. In such cases, the courier may issue a separate invoice requesting payment of customs duties and taxes imposed by local authorities.

If the shipping address is located within the European Union, the goods are subject to VAT (22%). If the shipping address is outside the European Union, pursuant to Article 8, paragraph 1, letter a), Articles 21–23 of Presidential Decree no. 633/1972, the goods are not subject to VAT. Any customs duties and taxes shall be assessed and applied by the relevant customs authorities.

Order Shipping
Orders placed on https://walkey.it/ are shipped as follows: within Italy via DHL, SDA, Poste Italiane or equivalent; within Russia via EMS or equivalent; and to other countries via DHL, SDA or equivalent. After shipment, and when made available by the courier, the Consumer Customer shall be informed of the tracking number to monitor the shipment status.

Order Fulfilment
Orders are processed after verification of actual Product availability and confirmation of payment. In the event of errors or inability to fulfil the order, the charged amount may be refunded.

Once the order has been fulfilled, deliveries are normally made within 1–2 business days in Italy and within 2–5 business days in other European Union countries, depending on the delivery area. For non-EU countries, delivery times cannot be accurately estimated due to possible delays caused by customs procedures.

For security reasons, shipments to post office boxes are not permitted.

Important!
In order to ensure accurate and secure delivery, the Consumer Customer must provide the delivery address as precisely as possible. It is therefore important that the address include all useful information, such as stairwell, apartment number, intercom, etc.

Elisabet shall not be liable for any delays and/or failed deliveries caused by incomplete or insufficient addresses provided at the time of order.

In any case, Elisabet shall not be liable for delivery delays attributable to the courier. Any such delays shall not entitle the purchaser to claim damages of any kind.

14 – RIGHT OF WITHDRAWAL OF THE CONSUMER CUSTOMER
Elisabet intends to ensure maximum peace of mind and advantage during the purchasing process on the Website; returns for Products delivered within Italy are free of charge.

Pursuant to Articles 52 et seq. of the Consumer Code, the Consumer Customer is hereby informed of the right granted by law to freely withdraw from the contract, without providing reasons and without any penalty. Elisabet extends this right to thirty (30) days from delivery of the Product (or the last Product, in the case of a single order concerning multiple Products) to the Consumer Customer or to a third party designated by them.

The Consumer Customer, namely a natural person purchasing goods for purposes unrelated to their professional activity or who does not indicate a VAT number when placing the order with Elisabet, is entitled to the rights provided under Article 64 of the Consumer Code within the limits established therein and may therefore withdraw from the purchase contract for any reason, without explanation and without penalty, in accordance with the procedures set out below.

The right of withdrawal shall be exercised by sending a notice within thirty (30) days from the date of receipt of the Products by email to customerservice@elisabet.it or through the customer account where orders are stored.

The Consumer Customer may also send the notice of withdrawal by registered mail to Viale I Maggio, 35, 63813 – Monte Urano (FM), Italy.

The notice of withdrawal must include the following details: first name, last name, and the order number for which the right of withdrawal is being exercised.

The Consumer Customer may use the following template:

To:
Elisabet S.r.l.
Viale I Maggio, 35
63813 – Monte Urano (FM) – Italy

Subject: Exercise of the right of withdrawal pursuant to Articles 52 et seq. of the Consumer Code.

I, the undersigned … (*), hereby exercise the right of withdrawal from order no. … placed on …

Date and signature

The right of withdrawal may also be exercised with respect to only one of the Products ordered. In such case, shipping costs shall not be refunded and it must be specified in the notice that “the withdrawal is exercised exclusively with reference to the following Products …”.

Upon receipt of the notice, the Customer Service Department shall provide instructions for proceeding with the return. The Consumer Customer must return the goods no later than fourteen (14) days from the date on which the notice of withdrawal was sent to Elisabet.

Please note that the Consumer Customer may not exercise the right of withdrawal for made-to-measure or personalised Products.

The notice of withdrawal must clearly state the intention to withdraw from the purchase and identify the Product(s) concerned, indicating the relevant order number.

Elisabet shall arrange for its own courier to collect the returned goods. The Consumer Customer must have the package ready, as received, and hand it over to the courier.

Acceptance of returned goods – pursuant to Legislative Decree no. 206/2005 – shall take place exclusively in the following cases:

• the Product must be intact and unused;
• the Product tag and/or seal must not have been removed;
• the return shipment must be made using the original boxes and packaging in which the goods were received. If the original outer carton is no longer available or is damaged, another carton in good condition may be used. In any case, the Product box must always be placed inside an outer carton;
• the return of Products purchased online must be carried out exclusively in accordance with this procedure.

In the absence of the above conditions, the Product shall be returned to the sender and the related costs shall be charged.

Following verification that the above conditions are met, Elisabet shall refund the amount paid using the same payment method used for the purchase.

For orders paid by credit card, the refunded amount shall generally be available within approximately five (5) business days and will in any case appear on the next credit card statement. Such timeframes may vary depending on the credit card network used.

For orders paid via PayPal, the amount shall be refunded to the original PayPal account.

For orders paid cash on delivery, the Consumer Customer must provide a bank account to which the refund will be credited.

Elisabet shall not be liable for refunds or compensation for returned Products that are lost, stolen or damaged.

Exclusion of return/withdrawal rights for non-consumer customers
Non-consumer customers are not entitled to withdraw from the contract or return the goods, unless expressly authorised in writing by Elisabet.

15 – WARRANTIES
Through its Website, Elisabet markets Products of high quality. All Products are covered by the warranty provided under Legislative Decree no. 24 of 2002. Damage caused by improper use is not covered, and Elisabet shall not be liable for direct or indirect damages resulting from improper use of the Products.

All intellectual property rights, including trademarks, service marks, shape marks, images, fonts, designs, music, videos, software, code and script formats, are the exclusive property of Elisabet or of the entities that have licensed them to Elisabet.

The content of the Website is protected by copyright.
No page or content of this Website may be reproduced, even in part, without prior written authorisation.

16 – LEGAL WARRANTY OF CONFORMITY
All Products qualifying as “consumer goods”, as defined by Article 128, paragraph 2 of the Consumer Code, sold through the Website are covered by the legal warranty of conformity provided for in Articles 128–135 of the Consumer Code.

The legal warranty of conformity applies exclusively to the Consumer Customer. Any lack of conformity that becomes apparent within twenty-four (24) months from the date of purchase must be reported within two (2) months from the date on which the defect is discovered.

Pursuant to Article 130 of the Consumer Code, in the event of lack of conformity, the Consumer Customer is entitled to restoration of conformity free of charge. For this purpose, the Consumer Customer may normally choose between repair or replacement of the Product, unless the chosen remedy is objectively impossible or excessively onerous.

The Consumer Customer shall also be entitled to an appropriate price reduction or termination of the contract only if one of the following situations occurs: (i) repair and replacement are impossible or excessively onerous; (ii) Elisabet has not carried out repair or replacement within a reasonable time; (iii) replacement or repair has caused significant inconvenience to the Consumer Customer.

Should the Consumer Customer wish to avail themselves of the remedies provided by the legal warranty, they must contact Elisabet at customerservice@elisabet.it.

Elisabet shall promptly respond to the notice of the alleged lack of conformity and shall indicate the specific procedure to be followed, taking into account the category of goods and/or the defect reported.

Customers who do not qualify as “consumers” shall instead be subject to the warranties for defects in the sold goods, the warranty for promised and essential qualities, and the other warranties provided under the Italian Civil Code, with the related terms, limitations and forfeitures (Articles 1490 et seq. of the Civil Code). As this is a sale of goods to be delivered, the customer is required to inspect the goods upon delivery. The eight (8)-day period for reporting defects pursuant to Article 1511 of the Civil Code shall run from the date of receipt of the goods and not from discovery of the defect.

17 – AMENDMENTS TO THE GENERAL CONDITIONS
Elisabet reserves the right to amend these General Conditions of Sale at any time without prior notice and without prejudice to orders placed prior to such amendments. Any changes, modifications, deletions or additions shall take effect immediately upon their publication on the Website.

Any subsequent access to or use of the Website by the Consumer Customer shall be deemed to constitute full acceptance of the changes made.

Elisabet may assign to third parties all or part of the rights and obligations arising from this Contract.

18 – GOVERNING LAW AND JURISDICTION
These General Conditions are governed by and shall be construed in accordance with Italian law.

In the event of disputes concerning the interpretation or performance of these General Conditions of Sale between Elisabet and the Consumer Customer, such disputes shall fall under the exclusive jurisdiction of the court of the Consumer Customer’s place of residence or domicile. This provision applies exclusively to Consumer Customers.

Any dispute relating to the interpretation or performance of these General Conditions of Sale between Elisabet and non-consumer customers shall fall under the exclusive jurisdiction of the Court of Fermo.

19 – SEVERABILITY CLAUSE – PARTIAL INVALIDITY
Should any provision of this Contract be or become wholly or partially null and/or ineffective, such provision shall be deemed without effect or shall be modified to the extent necessary to comply with applicable law or, in any case, in accordance with the intent of the Parties, without affecting the validity of the remaining provisions of this Contract.

20 – CONTACT DETAILS
For further information or assistance regarding the Website or purchasing procedures, please contact us at the following email address: customerservice@elisabet.it, or at:

ELISABET S.r.l.
Viale I Maggio, 35
63813 Monte Urano (FM) – Italy
Tel. +39 0734 840019
Certified email (PEC): elisabetsrl@legalmail.it