Terms and Conditions

I. Introduction

The following provisions (the “General Conditions”) govern the commercial relationship between Ferrari & Zenobi snc (“Ferrari & Zenobi”) and users of the e-shop store.espadrilles.it (the “E-Shop”) who reside in Italy (“Users”), for the sale of the products offered through the E-Shop (the “Products”). Any contractual conditions proposed by the User that depart from these General Conditions do not apply, unless Ferrari & Zenobi has expressly accepted them in writing. The relevant provisions of Legislative Decree 206/2005, the “Consumer Code”, pursuant to article 7 of Law no. 229 of 29 July 2003 (the “Consumer Code”), also apply.

Under these General Conditions, Ferrari & Zenobi may accept only orders placed by consumer Users with a valid residence and a valid delivery address.

The description of the Products offered in the E-Shop is complete. Ferrari & Zenobi is in no case liable for any differing descriptions of the products given to the public by its employees or agents, or by third-party retailers.

Ferrari & Zenobi will use its efforts so that the E-Shop service is not interrupted. Even with the greatest care, downtime cannot be excluded. Ferrari & Zenobi reserves the right to change or suspend the service at any time.

The information on this website may be changed by Ferrari & Zenobi and contains only general information for the User’s use.

The E-Shop and the Ferrari & Zenobi website use cookies to monitor user preferences. The privacy document contains further information on the use of cookies.

Neither Ferrari & Zenobi nor any third party warrants the accuracy, completeness or updating of the information and material on the website. The User acknowledges and accepts that the information and material on this website may contain inaccuracies and/or errors and, in that regard and within the limits allowed by applicable law, any liability of Ferrari & Zenobi for such inaccuracies and/or errors is expressly excluded.

The User’s use of the information on this website is the User’s sole responsibility, and Ferrari & Zenobi is in no case liable for the use the User makes of that information. The User must also check that the services and products offered in the E-Shop are in fact suitable for the User’s needs. That check does not create any liability for Ferrari & Zenobi.

This website contains material owned by Ferrari & Zenobi or used under a specific licence. That material includes, by way of example and not limitation, the design, graphics and final appearance of the website, and is protected by copyright and/or other intellectual property rights. Reproduction of the site is therefore prohibited.

Unauthorised use of this website may give rise to claims for damages and/or constitute a criminal offence.

This website may contain links to external websites. Those links are provided only for the User’s convenience, to offer further information. Ferrari & Zenobi accepts no responsibility for the content of external websites linked to store.espadrilles.it. The mere inclusion of links does not imply recognition or approval by Ferrari & Zenobi of the linked sites or of their content, for which the operators of the linked sites remain solely responsible.

II. Formation of the contract

Mere use of the E-Shop by the User is not enough to form a contract between the User and Ferrari & Zenobi, and therefore gives rise to no contractual or non-contractual claim against Ferrari & Zenobi.

The User must register on the website to access the E-Shop, indicating a “username” and “password” (the “Access Codes”). Registration of the User’s data is solely so that Ferrari & Zenobi can manage the purchase process and the related payment, and is not a concluding act. To register correctly, a username and a password must be given. The User may not enter false, invented or fictitious data in the registration that precedes use of the E-Shop.

The User is responsible for any activity carried out, including by third parties, through the User’s Access Codes, and must promptly inform Ferrari & Zenobi of any breach or theft of those Access Codes by third parties.

Display of the Products in the E-Shop is not a contractual offer by Ferrari & Zenobi, but only an invitation to treat. The order sent by the User by clicking the button labelled “complete order” in the “Proceed to checkout” section (the “Order”) is a contractual offer to purchase. After receiving the Order, Ferrari & Zenobi will email the address given by the User, confirming receipt of the Order and setting out its details (the “Order Receipt Confirmation”). That Order Receipt Confirmation is not acceptance of the User’s Order. Its only purpose is to inform the User that Ferrari & Zenobi has correctly received the Order. The contract of sale between the User and Ferrari & Zenobi is formed only when Ferrari & Zenobi emails the User that the Order has been accepted and that the Product has been shipped (the “Shipping Confirmation”).

III. Right of withdrawal

See this page for all the details.

IV. Payment methods, prices and shipping costs

Prices shown on the E-Shop include VAT. The final price is the price shown in the E-Shop at the time the order is placed. The VAT amount is stated separately on the accompanying invoice sent with the Product.

The Product is delivered only in the territories indicated above, and delivery to a post-office box address is not possible. As stated in section I of these General Conditions, the presentation of the Products in the E-Shop is addressed only to Users resident in the territory of the Italian Republic who give a delivery address within that territory. Users resident outside Italian territory must access the E-Shop through the section reserved for their country of residence.

Ferrari & Zenobi has made reasonable efforts to be able to process an Order within 4 (four) working days of receiving it. The courier service operates Monday to Friday, from 9:00 to 17:00. Orders received on Saturday, Sunday or a public holiday are processed from the next working day. Except for events outside the control of Ferrari & Zenobi, the Product is delivered to the User within 5 (five) days of handover to the courier. That delivery time is indicative and not binding. Ferrari & Zenobi accepts no liability for any loss arising from delay in delivery. If delivery fails at the address given by the User in the Order, a second delivery attempt will be made at the same address. If the courier cannot deliver the Product on that second attempt either, the Product will be held at the courier depot nearest the delivery address, and a notice will be left for the User with the information needed for collection.

V. Payments

The order may be paid by the following methods:

• Credit card (Visa, Mastercard, Amex)
• PayPal
• Cash on delivery. This payment method carries a surcharge of €6.00

VI. Retention of title

Until the price and any further claim of Ferrari & Zenobi against the User have been paid in full, the Product delivered remains the property of Ferrari & Zenobi, and the User may not dispose of it or use it.

VII. Liability for defects

If the User considers that the Product does not conform to the Contract or is affected by defects, the User must promptly notify info@ferrariezenobi.com, specifying the Product in question and the defects or non-conformities found. The disputed Product must be returned to Ferrari & Zenobi.

Ferrari & Zenobi will examine the disputed Product and email the User to say whether the User is entitled to a refund of the price or to replacement of the Product. Any refund will cover the purchase price paid by the User and any return costs. The refund or replacement will take place within 30 (thirty) days of the email by which Ferrari & Zenobi informs the User of the right to a refund or replacement.

Ferrari & Zenobi is not liable for defects in the Products caused by delivery carried out by third parties, except in the case referred to in article VII.

Ferrari & Zenobi is not liable for damage resulting from improper use of the Product, alteration of the Product, normal wear, or negligence in caring for the Product.

The foregoing points do not prejudice the User’s rights under applicable law.

VIII. Liability for breach of contract

Ferrari & Zenobi’s liability for breach of contract is limited to compensation for damage that is a direct consequence of the breach and, in any event, is limited to the price of the Product.

IX. Non-contractual liability

In the case of wilful misconduct or gross negligence, Ferrari & Zenobi is liable as provided by law.

Within the limits allowed by law, Ferrari & Zenobi is in any event not liable for indirect damage caused by the Product delivered to the User (consequential loss), including, by way of example and not limitation, damage caused to other goods.

Compensation for indirect damage, and any other claim for damages against Ferrari & Zenobi that is not covered by articles VII and VIII of these General Conditions, is expressly excluded, except for the liabilities placed on Ferrari & Zenobi by law in the case of injury or death.

X. Copyright and trade marks

All content published on store.espadrilles.it, including texts, documents, logos, images, graphics, video, their arrangement and their adaptations, is subject to intellectual property laws and protected by copyright. It is not permitted to copy, alter, translate, distribute, use, store or publish this content on other sites without the prior written authorisation of Ferrari & Zenobi. Any content and contributions supplied by third parties are marked as such.

Downloading, viewing and printing the content of this website is allowed only for personal use, and does not give the user any right or claim over that material.

The trade mark “espadrilles” is a registered trade mark owned by Ferrari & Zenobi S.n.c.

Ferrari & Zenobi uses the trade mark “espadrilles” as the company identity with which it presents itself to the market.

XI. Final provisions

Subject to the limits set by law, any claim by the User for breach of contractual and/or other obligations by Ferrari & Zenobi is excluded in the event of force majeure, including, by way of example and not limitation, mobilisation, war, riot and similar events such as fire, accidents, strike, blockade or export restrictions, or other events in any case not attributable to Ferrari & Zenobi.

Failure by Ferrari & Zenobi to exercise the rights arising from these general conditions does not imply a waiver of those rights, and does not affect Ferrari & Zenobi’s ability to rely on them later. The User is therefore not released from the duty to perform, promptly and in full, the obligations set out in these General Conditions.

Disputes arising from these General Conditions are subject to the jurisdiction of the courts of the User’s place of residence or, at the User’s choice or on the User’s initiative, to the jurisdiction of the Court of Bologna. If the User, contrary to the statements made during the order process, is not resident in the Italian Republic, or if after the contract is formed the User moves residence outside Italian territory, or if at the time a legal action is brought against Ferrari & Zenobi the exact residence is unknown, the competent court for any dispute arising from or in connection with these General Conditions is Bologna.

These General Conditions of sale are governed by Italian law, including the Consumer Code and the e-commerce law under Legislative Decree no. 70 of 9 April 2003. In any event, this is without prejudice to the rights under mandatory rules of the legal system of the User’s country of residence.

The nullity or unenforceability of one of these clauses does not cause the nullity or unenforceability of the General Conditions of sale as a whole, which therefore remain fully effective and binding. The parties undertake to negotiate in good faith and to replace null or unenforceable clauses with clauses that are not null or unenforceable and whose content conforms to the previous clauses.

Amendments and additions to these General Conditions must be made in writing. Communications and any statement relating to the contractual relationship must be made in writing and sent to the address of Ferrari & Zenobi indicated above and to the User’s address given for delivery of the Products.