TERMS AND CONDITIONS
The J.E.M products for sale on www.jemshoes.com (hereinafter the “Site”) are sold and invoiced by Alta Capital AG, with registered office in Landstrasse 37, LI -9490 Vaduz (Leichtenstein), registration number FL-002.490.490-3 - VAT Number: NL825580985B01
For any information regarding orders, forwarding of goods and, more generally, purchases it is possible to contact Alta Capital AG customer care as indicated below:
GENERAL CONDITIONS OF SALE
1. ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE AND CONCLUSION OF THE CONTRACT
1.1 The contract made between Alta Capital AG (hereinafter Alta Capital") and the Customer (meaning the party, a natural person, that makes a purchase on the Site unrelated to their commercial, business, or professional activity) is to be understood as having been concluded when the order is accepted, even if only partially, by Alta Capital. Where the order is not accepted, Alta Capital shall in any case give timely notice of this to the Customer.
1.2 By placing the order according to the various procedures indicated, as in the order form present on the Site (hereinafter "Order"), the Customer declares that they have taken note of the information given to them during the purchasing procedure and that they fully accept these general conditions (hereinafter the "Conditions").
1.3 These Conditions may be printed or saved on a durable medium.
2. PURCHASING PROCEDURES
2.1 The J.E.M products offered for sale by Alta Capital shall be solely those on the J.E.M SHOES Site at the time the Order is submitted, as described in the respective information sheets.
2.2 However that may be, the images that accompany a product information sheet are solely for information purposes and may not be perfectly representative of the product’s characteristics but differ, for example, in colour and size (one reason being the browser and the monitor used to access the Site as well as the display of the images).
2.3 To place their Orders Customers must fill out the respective form on the Site in its entirety and send it after having carefully read the Conditions, as well as the characteristics of the product and/or products they intend to purchase.
2.4 Proper reception of the Order is confirmed by Alta Capital in an e-mail reply, sent to the e-mail address notified by the Customer. This confirmation message shall summarise the conditions of purchase, as provided by the applicable legislation, as well as the data included in the Order by the Customer, so that he/she can check them and, as the case may be, immediately notify the necessary corrections to the incorrect data.
3. PRICES AND PAYMENT PROCEDURES
3.1 The prices shown on the Site shall be inclusive of taxes and VAT. Any costs for the forwarding of goods or payment-related expenses shall, in any case, be notified in advance to the Customer through the Site or these Conditions.
3.2 The following payment procedures can be used:
(i) Bank Transfer
In case of purchase by bank transfer, the bank details for payment will be displayed. The shipment of the goods will take place only upon receipt of payment of the bank.
(ii) Credit card
Where goods are purchased using Credit Cards, the transaction can be effected through the Payment Provider's safe server or through another safe server chosen by Alta Capital.
Under no circumstances and at no stage of the payment will Alta Capital be in a position to know the information regarding Customers’ credit cards, transferred over a protected connection directly to the site of the bank that is handling the transaction. Said data shall not be held in any data store of Alta Capital and, accordingly, in no case may Alta Capital be held responsible for any fraudulent or improper misuse of credit cards by third parties when payment is made.
4. DELIVERY OF THE PRODUCTS AND RESPECTIVE EXPENSE
4.1 Products purchased shall be delivered to the address indicated in the Order within 24-48 hours of acceptance of the Order by Alta Capital, at the cost specifically indicated at the Site before the submission of the invoice. Alta Capital reserves the option to accept, or not to accept, requests for deliveries outside European borders. Whatever the case, for deliveries outside European borders, forwarding expenses and delivery times may be subject to change.
4.2 Where deliveries are requested to countries not part of the European Union, any import-related customs expense shall be borne by the recipient. Accordingly, Customers are invited to contact the customs authorities in their country beforehand to check on the import costs and on any import restrictions.
4.3 The delivery times indicated by Alta Capital must be seen as just a broad guide and a delay with respect to them, or any delivery made in subsequent split consignments do not entitle Customers to refuse the delivery and to demand compensation or indemnity payments.
4.4 At the time the products are delivered, Customers must check:
- that the number packages delivered corresponds with what is shown in the transport documents.
- that the packing is intact, not damaged, nor wet or in any way altered, and this applies also to sealing/tie-around materials (adhesive tape or metal bands).
Any damage to the packing and/or to the product or an absence of correspondence in the number of packages or the indications must be immediately noted, and a remark to this specific effect must be made on the product delivery document to be returned to the carrier.
Any problems regarding the physical intactness, the correspondence, or the completeness of the products received must be reported within 7 days of the delivery, following the procedures as in this document.
5. RIGHT OF WITHDRAWAL
5.1 Pursuant to Directive 2011/83/UE, Customers may withdraw from the Conditions and, accordingly, the contract of purchase for any reason, without need to adduce grounds and free of any penalty, within 14 (fourteen) working days of the date the products were received.
5.2 To exercise their right of withdrawal, Customers must, within the term indicated, send Alta Capital notification to this effect at the email address email@example.com, or use the form for that purpose displayed at the Site, or submit any other explicit statement of their decision to withdraw from the contract. If withdrawal is exercised using the form at the Site, consumers will receive, on a durable medium, confirmation of receipt of the rescission they have exercised.
5.3 In the event of withdrawal, Customers must, at their expense, send back the products to Alta Capital within 14 (fourteen) days of the withdrawal to the following address:
Alta Capital c/o Tigers International Logistics BV Shannonweg 62-72-74 - 3197 LH Rotterdam - The Netherlands
The goods must be returned intact, complete in all their parts and in the original packing (envelopes and packaging), having been kept and possibly used for the time strictly necessary for establishing and checking their nature, characteristics, and size, in accordance with normal diligence, without there being signs of wear and tear or dirt, having regard for the conditions set out below:
- the right of withdrawal can apply to the product purchased in its entirety: in it not possible to exercise withdrawal solely with regard to a part of the product purchased (for example: accessories, complementary items, etc…..);
- for withdrawal to be possible, the product must be intact and returned in the original packaging, complete in all its parts (including packing and any documentation and accessory provision: labels, tags, seals, etc…);
- the expenses for forwarding the goods to return them (and any customs expense, if applicable) shall be payable solely by Customers;
- up until certified receipt has a been taken at the warehouse indicated by Alta Capital, Customers shall bear full responsibility for the forwarding of the goods;
- if the goods are damaged during carriage, Alta Capital shall give notice of this to Customers, so that they can promptly make a complaint to the carrier they have chosen and obtain the corresponding reimbursement; the product shall then be made available to Customers and, at the same time, the request to withdraw will be cancelled;
- in no sense shall Alta Capital be answerable for damage, theft, or loss that occur during or in any way as a result of the forwarding of the goods for their return.
5.4 Alta Capital shall reimburse Customers the entire amount already paid, net of any additional forwarding costs in accordance with Directive 2011/83/UE of the Consumer Credit , within 14 (fourteen) days of the withdrawal, through a procedure that reverses the amount charged, using the same means of payment used by the Customer for the initial transaction, barring an agreement otherwise. Whatever the circumstances, Customers shall not bear any cost as a consequence of said reimbursement. Alta Capital may suspend the reimbursement until receipt is taken of the returned product or until the time that Customers demonstrate that they have correctly sent back the product, if earlier.
5.5 In any case, Customers shall be responsible for the reduction in the value of the product resulting from handling the product in a way other than that needed to establish the nature, the characteristics, and the operation of the product.
Alta Capital may therefore withhold from the amount to reimburse the Customer the sum arising from said reduction in the value of the product.
6.1 All products sold by Alta Capital are covered by the 24-month warranty for defects in conformity in accordance with Directive 2011/83/UE. To benefit from the warranty Customers must show the invoice or the receipt for payment. During the course of the above-stated period of 24 (twenty-four) months Customers may exercise the warranty by reporting the defect in conformity by and no later than 2 (two) months from the discovery of the defect.
6.2 The warranty for defects in conformity shall apply provided that the respective product has been used correctly, having regard for its intended use and for what is stated in the usage and washing instructions that are on and/or that come with the product.
6.3 Where, for whatever reason, Alta Capital is unable to return to the Customer a product under warranty (renewed or replaced), or where the repair or the replacement is, if only because of the value of the product, excessively costly, Alta Capital may make a suitable reduction in the price paid, or return the entire amount paid with termination of the contract.
7. COMPLAINTS AND REQUESTS FOR INFORMATION
7.1 Alta Capital may be contacted with reference to any complaints or requests for information:
The merchant reserves the right to require additional documents to prove the identity of credit card’s holder. If the documents are missing, the merchant reserves the right to cancel the order. Online security transaction is guararanteed by data cryptographic system and by protected, certified and directed links.
8. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
8.1 All intellectual and industrial property rights in images, texts, photographs, software, videos, music or in any product of the intellect present at the Site (hereinafter, "Works") are the property of Alta Capital or of J.E.M or of any licensees they may have.
8.2 Among other things, Customers are not allowed to copy, to download using a downloading device, to reproduce, translate, amend, distribute, disseminate, communicate to the public, to use in any way or form, wholly or partly, the Works, outside of the activity strictly necessary for using the Site.
8.3 Alta Capital is the sole proprietor of the "J.E.M" trade mark. Customers are prohibited from using this trade mark in any form or way.
8.4 Alta Capital is the sole proprietor of all the intellectual and industrial property rights in the products sold on the Site. Customers are prohibited from infringing, in any form or way, the above rights of Alta Capital.
10. APPLICABLE LAW
10.1 The sales contract referred to in these Conditions and its respective performance are regulated by Leichtenstein Law, with the disapplication of the conflict of laws rules and The United Nations Convention On Contracts For The International Sale Of Goods. In resolving the respective disputes the Court of the local municipal area where the Customer is resident shall exercise jurisdiction.