Terms and Conditions
These General Terms and Conditions of Sale (hereinafter referred to as "GTCS") govern the offer and sale of products ("Products") to users (hereinafter referred to as "Customer(s)") who access the website www.scarpa.com ("Site") in the countries indicated below.
Before proceeding to submit the order form, the Customer is advised to carefully read the Privacy and Cookie Policy and these GTCS.
The Terms of Sale may be changed by the Shoe Company S.C.A.R.P.A. S.p.A. The changes are effective from the day of their publication online, but do not apply to any orders that have been shipped prior to this date.
A. SELLER INFORMATION
Products listed online are goods sold by Calzaturificio S.C.A.R.P.A. S.p.A. (hereafter referred to as “SCARPA”), registered office in Via E. Fermi 1, 31011 - Asolo (TV), Italy, listed on the Treviso Business Register with the Economic and Administrative Index (REA) no. REA 29468/Treviso, P. IVA 00173370263, paid-up capital amounting to €2,080,000.
Contacts: Calzaturificio S.C.A.R.P.A S.p.A., Viale Enrico Fermi 1, 31011 - Asolo (TV), Italy], email: customercare@scarpa.net
B. CONCLUSION OF THE SALES CONTRACT
To purchase Products through the Site, the Customer can:
- proceed with the purchase as a "guest" user after having read and approved the Privacy and Cookie Policy (click here) and these GTCS;
- register on the Site by filling in the relevant registration form (click here) after having read and approved the Privacy and Cookie Policy (click here) and these GTCS.
In the case of a registered user, the Customer, in order to submit a purchase order for one or more Products, must:
- access the Site using the login details sent via email following the registration request, which can be modified by the Customer when they log in to the Site for the first time;
- fill out the order form, after reviewing and approving the Privacy and Cookie Policy and the GTCS;
- electronically transmit the SCARPA order form by clicking on the item "Complete your order – Pay now".
For administrative and accounting reasons, SCARPA shall be able to check the details provided by the Customer on their registration form and/or in any case communicated for the order to be processed.
Before submitting the order form, the Customer:
A) by clicking on the "Cart" icon can: correct any data entry errors; modify the previously selected Products and/or add new ones;
B) by clicking on "Terms and Conditions" and "Cookies and Privacy Policy" respectively, must: review and approve the GTCS and the Privacy and Cookie Policy.
The order cannot be processed and shipped if any details are missing from the form.
The contract with SCARPA is available in Italian, English, German and French.
In the order form, the Customer will find:
- the GTCS;
- information on the essential characteristics of each Product and its price;
- the means of payment to be used to purchase the Products;
- the methods of delivery of the Products and the related shipping costs.
The contract is finalised when the Customer receives confirmation of the order from SCARPA by means of a summary email sent to the indicated email address.
Customers are advised to keep a copy of the order form and the confirmation email according to Article 12 of Law no. 70/2003 concerning online trading.
SCARPA shall promptly inform the Customer via email should the contract be unable to be concluded due to the unavailability of the Products. If the Product was paid for in advance, SCARPA shall fully refund the Customer. In this regard, SCARPA does not accept any responsibility for possible delays in the refund, which are dependent on the credit card network used or the Customer’s bank.
SCARPA shall hold a copy of the order form on file in its data bank for the time period necessary to fulfil the orders and, in any case, in accordance with contractual law and tax law. The Customer shall be able to access all orders at any time using their online account or request a copy of the order by filling out the form found in the “Contacts” section of the Site.
C. PRICING AND PAYMENT
The sale price of each Product is expressed in euro and is indicated in the respective information sheet available on the Site and is understood to include VAT (if applicable under the law), standard packaging costs, and any indirect taxes (if applicable under the law).
The sale price does not include shipping, transport and delivery costs, which shall be visible in detail before the order is sent.
In the case of sales outside the European Union, the Products may be subject to import duties and taxes, which shall be requested from the Customer when they arrive at their destination. It is therefore up to the Customer to bear any costs required for the customs clearance of the Products. In this regard, the Customer should contact their customs office directly in order to acquire the information they require regarding the customs clearance of the Products and the costs associated with it.
The Customer may make the payment of the fee due through the following methods, at their own discretion:
- Payment can be made with the following credit cards: VISA, Mastercard or American Express;
- Payment can also be made using PayPal;
- SCARPA E-Gift Card.
In the event of payment not going through, within 7 days of the acceptance date of the order, SCARPA shall send the Customer notification to confirm that the order has been cancelled.
D. E-GIFT CARD
The E-Gift Card is an unnamed bearer gift voucher, which can be purchased exclusively on the official website www.scarpa.com (excluding the us.scarpa.com, ca.scarpa.com and www.scarpa.com/en-no domains, which refer to the United States, Canada and Norway respectively).
The E-Gift Card is available in the following amounts: €50, €100, €200, €250, and €300; the Customer can also buy multiple E-Gift Cards in a single order, as they are cumulative.
The E-Gift Card purchased online is sent by email to the address indicated by the Customer, as well as to the address of the beneficiary who shall make the purchase. SCARPA cannot be held responsible for failure or incorrect delivery due to errors in entering the email address or for the content of the personalised message.
The E-Gift Card is a scalable credit, which can be used as a payment method for online purchases for private use. The E-Gift Card is not rechargeable, nor does its issuance include any activation costs or fees for use. The code relating to it is sent by email to the address of the beneficiary indicated at the time of purchase.
The E-Gift Card can only be used for online purchases on the Site (excluding the domains indicated above); is not valid for purchases at physical points of sale. The E-Gift Card cannot be used for the purchase of other E-Gift Cards.
Each E-Gift Card is valid for 365 days from the date of purchase (coinciding with the activation date). The expiration date is indicated in the confirmation email and, if activated, also in the Apple wallet. After the expiry date, the E-Gift Card can no longer be used or extended. Any residual amounts are not eligible for reimbursement.
The E-Gift Card can be used by whoever holds it: the person who uses the code does not have to justify possession. The E-Gift Card beneficiary is responsible for the safekeeping and use of the code. The credit cannot be converted into cash and does not entitle you to change or cash refunds.
The E-Gift Card can be used for multiple purchases until the balance has been used up. The amount spent is progressively taken off, with the same reference code. If the balance of the E-Gift Card is insufficient, the difference may be covered by other payment methods accepted on the Site.
In the event of the return of Products purchased via the E-Gift Card (even partially), the amount shall be credited back to the same E-Gift Card, which can be used again with the same code.
Any complaints relating to the use of the E-Gift Card can be forwarded to SCARPA via the Contact form available on the Site.
E. PRODUCT SHIPMENT AND DELIVERY
Products shall be shipped using trusted courier companies following the credit of the amount due for the purchase exclusively in the countries indicated below.
Products purchased online shall only be delivered during office hours from Monday to Friday, excluding national holidays and periods when SCARPA is closed, which shall be indicated on the Site.
The terms of delivery are those indicated in the purchase confirmation order.
SCARPA is not responsible for any delays in the delivery of the Product caused by the shipping company.
If, for a reason attributable to the Customer, a Product is not collected (the following examples are not exhaustive: incorrect address which was not resolved following a request for clarification sent by the supplier; repeated unavailability (at least 2 times) of the Customer and absence of an alternative address for Product delivery), the order shall be cancelled and SCARPA shall retain the transport and return costs.
In any case, the Customer can submit a new order, detailing an alternative address for delivery.
For shipping costs, in the countries where the Products are delivered, please click here. The delivery time shall be communicated on a case-by-case basis.
Shipments are made exclusively in the following countries:
- Italy
- EU countries Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Czech Republic, Romania, Slovakia, Slovenia, Spain, Sweden, Hungary.
- Non-EU countries Albania, Andorra, Bosnia and Herzegovina, Liechtenstein, Macedonia, Monaco, Montenegro, Norway, Serbia, Ukraine, Canary Islands, San Marino and Vatican City
F. GOODS CONTROL
Once the Products are delivered to the indicated address, the Customer is responsible for checking that the package is intact, undamaged, dry and has not been tampered with, including the sealing of the package. Any damage must be immediately reported to the courier who is responsible for the delivery. Once the freight document is signed, the Customer cannot raise any objection to the exterior features of the delivered items.
If there is a mismatch between the items ordered and the items delivered, this must be immediately communicated to the company using the “Contacts” form found online, indicating specific reasons and providing details.
G. LEGAL WARRANTY
This warranty applies to Products purchased through the Site by the Customer.
The essential characteristics of the Product are indicated on the relevant page on the Website.
Images and colours of Products illustrated online may not match the real ones due to the technical features of the internet browser or monitor.
SCARPA guarantees that all Products conform to the characteristics indicated on the relevant page on the Website for a period of 2 (two) years from the delivery date ("Warranty Period").
If the Customer submits a claim during the Warranty Period and this claim is established and accepted by SCARPA, the Customer may request, at no extra cost, the repair or replacement of the Product, which shall be delivered to the Customer to the same address listed in the order confirmation, with costs sustained by SCARPA, unless otherwise indicated.
The Customer must provide for the non-conforming Product to be made available, which SCARPA shall collect at its own expense.
A new warranty period does not start with the repair and/or replacement.
If repair or replacement is impossible or excessively expensive for SCARPA and/or if SCARPA has not carried out the repair or replacement within a reasonable time and/or if a previous repair or replacement has caused considerable inconvenience to the Customer, taking into account all the circumstances, including those referred to in Article 135-bis, paragraph 2, letters a) and b), of the Italian Consumer Code, the Customer may alternatively request:
1. the reduction of the price, proportional to the decrease in value of the good received compared to the value it would have had if it had been compliant;
2. the termination of the contract, returning the Product to SCARPA, at no cost to themselves, and SCARPA shall reimburse the consumer for the price paid, including shipping costs.
It should be noted that a minor defect does not give the Customer the right to terminate the contract and cancel the order.
The Customer must report to SCARPA any defects found in the Product delivered by filling out the "Contacts" form, selecting the reason "Return due to Quality Issues", and attaching the appropriate documentation, including photographs, to support their request.
The warranty does not cover Product defects caused and/or resulting from:
- negligent or improper use;
- repairs that have not been authorised in advance and in writing by SCARPA;
- normal wear and tear of material;
- failure to observe the recommendations laid out by SCARPA in the appropriate instructions included with the Product;
- failure and/or incorrect maintenance with respect to those indicated in the instructions leaflet included with the Product.
This legal warranty is without prejudice to any and all other different legal rights granted to the consumer that may vary from country to country.
H. CANCELLATION
Pursuant to Articles 52 et seq. of the Italian Consumer Code (Legislative Decree 206/05 and subsequent amendments), the Customer has the right to cancel the contract without providing any reason within and no later than 14 days from the date of delivery of the Products to the consumer or a third party designated by the same, using the appropriate procedure in the "Profile - Check your order" section, choosing the "Returns/Replacements" function and indicating the relevant reason.
The Customer shall receive instructions from SCARPA on how to return the Product. The Product must be returned within 14 days of the cancellation date. The date shown on the delivery note is proof of receipt. The costs of returning the Product are the responsibility of the customers.
Returned Products must be sent to SCARPA following the procedure described on the easy returns page.
Conditions for the return of Products and refunds
To get a full refund of the price paid, including shipping costs, the Products must be returned intact, in their original packaging and with their identifying labels. The Products must not have been used and/or damaged by the Customer in any way and shall only be accepted if returned with perfectly intact covering film and packaging.
In the case of broken, used and/or damaged Products and/or Products without identifying labels, the Customer cannot cancel the sales contract.
In any case, the Customer remains responsible for a reduction in value when handling the Products beyond what is necessary to determine their nature, features and functioning.
It should be noted that the Customer has the right to handle and inspect the Products for the specific purpose of establishing their nature, features and functioning, with due diligence and in the same way as they would be allowed to do in a store.
The right to cancel is not applied when Products cannot be returned for hygienic reasons.
Once received at our premises, SCARPA shall carry out the necessary checks on the returned Products, in order to verify their conformity under the conditions and within the terms indicated above.
If these checks are successful, SCARPA shall send a confirmation email to inform the Customer that the returned Products have been accepted, indicating the refund method that will be actioned in the following 14 days, utilising the same payment method used for the purchase. If there is a mismatch between the individual receiving the Product, specified on the order form, and the individual who made the payment, and in the event of the order being cancelled, SCARPA shall refund the individual who made the payment.
If the conditions for exercising the right to cancel do not exist, it shall not be possible to refund the sums paid for the purchase of the Products. The Customer shall have the right to retrieve the Products, at their own expense, in the state in which they were returned, by communicating it in writing to SCARPA Customer Service within 14 (fourteen) days from receipt of the email with which the non-acceptance of the return was communicated.
I. APPLICABLE LAW – DISPUTE RESOLUTION
These GTCS and the related sales contracts are governed by Italian law.
For any dispute relating to these GTCS and the related sales contracts, the Court of the place of residence or domicile of the consumer shall have jurisdiction.
J. CUSTOMER SERVICES – COMMUNICATIONS AND COMPLAINTS
The Customer may always contact Calzaturificio S.C.A.R.P.A. S.p.A. for any queries through our customer care team:
- by email at customercare@scarpa.net
- by telephone on +39 0423 5284;
- via the "Contacts" section of the Site.
K. LIMITATION OF LIABILITY
SCARPA is not responsible in the event of lack of access to the Site, failure to complete and/or failure to submit the order due to force majeure, temporary failures and/or malfunctions of the equipment and/or the SCARPA computer network, temporary failures and/or malfunctions of our Internet provider.
L. INTELLECTUAL PROPERTY RIGHTS
All distinctive marks, brands, names, photographs, written and graphic texts that appear on the Site and which are related to the Products are and remain the exclusive property of S.C.A.R.P.A. S.p.A. They are protected under copyright laws and the Code of Industrial Property (Law 30/2005 including subsequent amendments and additions). The contents of the Site may not be altered, reproduced – either partially or in full – copied or transferred using electronic or conventional devices, or used for any other purposes or in any other way without the prior written permission of SCARPA. Any use of the online content for advertising or commercial purposes is forbidden.
Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the Customer declares to have carefully read these general terms and conditions of sale and to expressly accept the following clauses: B (exemption for delays for refunds), D (E-Gift Card conditions), E (delays in delivery), F (goods control), K (limitation of liability)