The following General Conditions of Sale regulate the offer and sale of products on the site www.hendersonshoes.com (the “Site”).
The products purchased on the Site (the “Products”) are sold by Henderson S.r.l. (hereinafter “Henderson”), with headquarters on VIA VENEZIA, 56 -35010 Vigonza (Padua) -Italy. Henderson is registered with the Register of Companies of Venice, VAT 02005720285. The share capital is Euro 100,000.00.
It is possible to request information, send messages or submit claims by contacting Henderson’s customer service (“Customer Service”) at the following address:
HENDERSON S.r.l., VIA VENEZIA, 56 – Vigonza (Padua)- Italy
E-mail: shop@hendersonbaracco.com;
Tel. +39 049502652, Fax +39 0499801514
Article 1 - Purpose and scope of application1.1 The offer and sale on the Site constitute a distance contract, regulated by Articles 50 et seq. of Legislative Decree no. 206 of 6 September 2005, (“Consumer Code”), as amended and updated by Legislative Decree no. 21 of 21 February 2014, and Legislative Decree no. 70 of 9 April 2003, which includes the rules of e-commerce.
1.2 Products may only be purchased from the Site by those who:
- are considered consumers in accordance with the Consumer Code. In other words they are individuals who, in connection with the purchase of Products, are not acting within the scope of their trade, business, craft or profession;
- are over the age of 18;
- request the delivery of Products in the Italian territory and abroad, within the limitations of Art. 8 as specified below.
1.3 The Customer is required to carefully read these General Conditions of Sale, which Henderson presents in the “General Conditions of Sale” section of the Site, which may be saved and copied. The submission of a purchase order constitutes acceptance of these General Conditions of Sale.
1.4 The applicable General Conditions of Sale are those in effect on the date the purchase order is submitted. They may be changed at any time. Any changes will be effective from the time they are published in the “General Conditions of Sale of the Site”. Therefore, Customers are invited to visit the Site regularly to check for any changes and/or updates of the General Conditions of Sale.
1.5 These General Conditions of Sale apply to the Italian territory and abroad.
Article 2 - Information for the conclusion of the contract2.1 In accordance with Legislative Decree no. 70 of 9 April 2003 containing regulations of e-commerce, Henderson informs the Customer that:
- to conclude the purchase contract of one or more Products on the Site, the Customer must fill out an order form in electronic format and send it to Henderson via the internet, following the instructions as they appear on the Site;
- the contract is concluded once Henderson records the order form, in other words when the order form is received by Henderson’s server;
- before submitting the order form, the Customer can identify and correct any data entry errors by following the instructions indicated on the Site and as they appear throughout the various phases of the purchasing process;
- once the order form has been registered and in the event payment has been successfully submitted, Henderson will send the Customer, to their indicated e-mail address, the payment receipt and order confirmation containing: a summary of the General Conditions of Sale, information on the essential characteristics of the product purchased, the details of the price, the method of payment used and any additional costs as well as information on the right of withdrawal;
- the order form shall be stored in Henderson’s database for the time necessary for the execution of the same and, in any case, as required by law.
2.2 The languages available to users for the conclusion of the contract are Italian, English.
Article 3 - Validity of time-sensitive offers and prices 3.1 Offers published on the Site have a predetermined and limited duration in time. The date of validity of the offers is indicated on the Site and communicated to the Users by e-mail together with the notice of the beginning of the sale. Henderson reserves the right to change, at its discretion, the opening and closing dates of sales. The new dates will be made visible on the Site.
3.2 Product prices are quoted in Euros and are inclusive of Italian Value Added Tax (VAT). Any variation in VAT costs depending on the destination country may result in a different price. The updated price will be shown during the checkout phase, before the Customer proceeds with the order. Any other additional cost, inclusive of VAT and indicated in Euros, will be shown separately on the order form before the Customer proceeds to the transmission of the same as well as in the e-mail confirming the order.
3.3 Henderson reserves the right to change the price of Products at any time, without notice, provided that the price charged to the Member will be published on the Site at the time the order is transmitted.
3.4 The transfer of ownership of the Products to the purchaser will only occur once the latter issues payment of the purchase price and any other additional cost.
Article 4 - Product availability 4.1 The Products offered on the Site are limited in number. Information on the availability of Products is contained in the catalogue listed on the Site.
The operation is valid on all delivery methods on the Italian territory, including the islands and abroad.
Article 5 - Purchase orders5.1 Henderson will give course to the purchase order only after receiving confirmation that payment was successfully received for the total amount owed by the Customer to purchase the Product ordered. Individual orders may not be made for values exceeding € 1,900.00 including VAT.
5.2 In the event that payment is not confirmed, the contract will be terminated in accordance with and for the purposes of Art. 1455 of the Civil Code. The Customer will be notified of the rejection of the transaction, the termination of the contract and the subsequent cancellation of the order during the purchasing process, on the special interface.
5.3 Those from whom Henderson has requested documents under Art. 6.6 listed below and have not have not submitted them promptly cannot place orders through the Site. In the event that such persons, in violation of this prohibition, submit orders through the Site, Henderson reserves the right to terminate the contract, in accordance with and for the purposes of Art. 1456 of the Civil Code. The termination of the contract, of which the Customer will be promptly notified by e-mail, will result in the cancellation of the order and the refund of the amount paid by the same. Henderson reserves the same right in relation to customers whose previous orders have not been paid.
Article 6 - Methods of payment6.1 Products purchased on the Site may be paid for using the following methods:
Credit card - Visa and Mastercard;
PayPal ;
C.O.D.;
Wire transfer;
6.2 All payments that are made on the Site are conducted in a confidential manner and are encrypted using the SSL protocol.
6.3 For payments issued by credit card, by clicking on “Confirm” at the time the order is submitted, the validity of the credit card will be checked to ensure it is not blocked in any way. Payment will be charged to the Customer’s account within 4 days from the date of the order. Henderson does not have access to, and does not store the data of the credit card used by the Customer to pay for the Products. The Customer will therefore be asked to enter such data for each purchase.
6.4 If the Customer chooses to pay by wire transfer, the bank account information will be displayed for the payment. Customers that pay by wire transfer will be charged an additional fee. Products will not be shipped until payment is successfully received.
6.5 When payments are made by C.O.D., the payment shall be made only with cash upon delivery of the products purchased. Customers that pay by C.O.D. will be charged an additional fee, calculated as follows: 1) By adding the percentage of 0.4% of the amount due, for domestic shipments with a minimum of Euro 8.00; 2). C.O.D. payments are only accepted for purchases of less than Euro 2,999.00.
6.6 In order to ensure the security of payments issued through the Site, Henderson has adopted a procedure for verifying the reliability and the veracity of the information entered by the Customer during the transmission of an order.
6.6 Under this procedure, Henderson reserves the right to ask the Customer to send, by e-mail, fax or regular mail, registered post with return receipt, a copy of the front/back of a valid ID card and/or a document certifying the address of residence dating back no more than three months (for example: utility bills for electricity, gas, telephone). The e-mail request will specify the period within which the document must be received by Henderson. The order will be suspended until the requested document has been received.
6.8 In the event Henderson does not receive these documents by the deadline specified in the e-mail request, or if the company receives documents that are expired or invalid, the contract will be terminated in accordance with and for the purposes of Art. 1456 of the Civil Code. Consequently, the order shall be cancelled and Henderson will retain its right to compensation for any damages it may incur as a result of the Customer’s misconduct. The termination of the contract, of which the Customer will be notified by e-mail, will result in the cancellation of the order and a refund shall be issued to the Customer for the amount paid. In the event Henderson receives valid documentation by the indicated deadline, the delivery terms will commence from the date the documentation is received.
Article 7 – Delivery7.1 Deliveries are made both in Italy, including the islands, and abroad.
7.2 The deadline for delivery of Products in Italy is 48-96 hours upon acceptance of the order by Henderson, unless otherwise stated during the purchase process before the completion of the same with the transmission of the order. The terms of delivery will also be summarised in the order confirmation e-mail.
For deliveries requested in countries outside the European Union, all importation customs fees will be charged to the recipient. Therefore, the Customer is invited to contact the customs authorities in their country in advance to verify the fees and potential limits on imports.
The indicated delivery times must be considered strictly approximate and a delay of the same, or any delivery made with subsequent split shipments, does not allow the Customer to refuse the delivery of the same or to file claim for damages or compensation.
7.3 The Products will be delivered to the delivery address that the Customer indicated on the order form transmitted via internet at the time of purchase.
7.4 Henderson reserves the right to split shipments. Delivery costs will be borne by Henderson in Italy and UE, while they will be borne by the Customer for extra-UE countries, as indicated during the checkout phase. In case of returns, shipping costs will be borne by the Client.
7.5 For parcels that are damaged or have been obviously tampered with, the Customer is advised not to accept the parcel and to inform the company promptly via email to the address shop@hendersonbaracco.com, so that Henderson may make the relative checks.
7.6 In the event that the delivery cannot be made due to the absence of the recipient at the same address specified by the Customer, the courier will leave a notice in the mailbox. The courier will then make a second delivery attempt and, in the event the recipient is absent, a second notice will be left. After three unsuccessful delivery attempts, the parcel will be made available at the courier for five days following the date of the third notice. For deliveries made in France, Germany, the Netherlands, Belgium, Luxembourg, the UK, Poland, Spain and Italy the courier will make a single delivery attempt. After this deadline, the parcel will be available at the courier for ten days following the date the notice is left, after which time it will be sent back to Henderson. Customer Service will promptly contact the Customer by e-mail to inform them of the failure to deliver due to the absence of the Customer and to establish the terms of the new shipment.
7.7 The Customer therefore acknowledges that, in the event the Customer fails to respond to Customer Service’s e-mail, three months after the day on which the parcel was sent back to Henderson, the contract will be terminated in accordance with and for the purposes of Art. 1456 of the Civil Code. Once the contract has been terminated, Henderson will reimburse the total amount paid by the Customer, less the cost of returning the parcel to Henderson, as well as any other expense incurred as a result of the failed delivery and penalty fee. The termination of the contract and the amount of the reimbursement will be communicated to the Customer by e-mail.
7.8 For Products that are delivered late, the Customer may contact Customer Service by sending an e-mail to shop@hendersonbaracco.com for information on the same and to file a claim.
7.9 Without prejudice to other rights recognised by law, the Customer has the right to cancel the order if the delivery is not received within ten working days from the expected delivery date, or if delivery is made after this period. This clause does not apply if the failure or delay in delivery is attributable to force majeure.
7.10 Either way, Henderson will refund the Customer the full amount paid by the same for the Product.
7.11 All other rights granted to the Customer by law shall not be affected.
Article 8 - Right of Withdrawal – Returns8.1 In accordance with Art. 64 of Legislative Decree no. 206/2005, as amended by Legislative Decree no. 21/2014, Customers that purchase a product on the Site have the right to terminate their contract with Henderson within fourteen (14) working days from when the Product was received.
8.2 To exercise the right of withdrawal and in the event of non-compliant products, the Customer must:
- send HENDERSON S.r.l. a withdrawal notice.
The withdrawal notice can be submitted within the period of fourteen days, by sending an email containing the number of the order at the email address shop@hendersonbaracco.com. Customers will receive an e-mail from our offices to confirm the receipt of their request, the return form and the label to be affixed on the parcel. - Insert the products to be returned into the parcel along with the form received by e-mail.
- Affix the return label on the parcel, which does not include postage fees. Send the product to be returned to the following address: HENDERSON S.r.l., Via Venezia, 56 - Vigonza (Padua) - Italy. Upon expiry of the term, the Product is understood to be returned the moment in which it is submitted to the post office or shipping agent.
8.3 In accordance with Art. 67, paragraph II of the Consumer Code, the substantial integrity of the Product to be returned is an essential condition for exercising the right of withdrawal. Therefore the Products should not be altered or damaged and, maintained with the utmost care, must be returned in perfect condition for resale. The goods must be returned, intact and complete with all their parts and in original wrapping (bags, packaging), preserved and even used, for the time necessary to determine and verify its nature, characteristics and size, in normal care, without any signs of wear or dirt, in accordance with the conditions below:- the right of withdrawal will apply to a product purchased in its entirety; it is not possible to exercise the right of withdrawal on a portion of the product purchased (e.g. accessories, complements, etc.);
- in order for the return to be possible, the product must be intact and returned in its original packaging, complete with all of its parts (including packaging, related documents, labels, tags, security cordons, seals, etc.);
- shipping costs for returning the goods will be borne exclusively by the Customer;
- for returns outside the EEC territory, if Customers decide not to return the Product through the postal service with a return receipt (but instead via express courier, for example), the Customers will be fully responsible for any customs fees that may arise;
- the Customer remains fully responsible for the shipment until a return receipt is issued by the warehouse indicated by Henderson;
- if the product should be damaged during transport, Henderson will notify Customers so they may file a timely complaint against the carrier of their choice and obtain the relative reimbursement; the product will then be made available to the Customer and the withdrawal request will be immediately cancelled;
- Henderson shall not be held liable in any way for damage, theft or loss that occurs during or in any way in relation to the shipment for the return.
In the event that the Product is returned due to a defect and non-compliance, a declaration of non-compliance must be completed by the Customer by sending an email to shop@hendersonbaracco.com. Upon receipt of the item, our service will conduct an investigation to verify the accuracy of the declaration.
8.4 In accordance with Art. 56, paragraph II, of Legislative Decree no. 21/2014, once compliance with the terms and procedures for exercising the right of withdrawal has been confirmed, as well as the integrity of the Products, Henderson will promptly, and in any event within 14 days from the date in which Henderson became aware that the Customer was exercising the right of withdrawal, reimburse the amounts paid by the Customer for the purchase of the Product.
Once all products ordered are returned, a full refund will be generated for the amount paid by the Customer at the time of purchase.
The partial return of a part of the products ordered will generate a refund for the returned product/s.
The refund amount will be credited to the same method of payment used for the purchase. The execution of the refund will be communicated to the Customer by e-mail. When exercising the right of withdrawal for only some of the products ordered, the Customer will be reimbursed for the expenses incurred for the purchase of items for which the right of withdrawal has been exercised.
When a partial refund is issued for an order paid using a gift voucher, the latter will be reimbursed before the monetary amount. No parcel will be accepted if one of the recognition elements listed above is missing. Customers are advised to place the order receipt in the parcel, indicating the items they intend to return, and to retain the postal receipt proving that Henderson received the parcel until Henderson sends, by e-mail, confirmation that the parcel was received in their warehouse.
Please retain proof that the items were returned, which is the document that indicates the carrier, the sender and the recipient of the parcel. In order for the shipment of the items to be justified, the document must be dated and, if necessary, stamped. In the event the return is not received in our warehouses, proof of the shipment of the same may be requested.
8.5 Refunds cannot be issued on expired credit cards. In the event that the credit card used for purchasing the product has expired, Henderson will contact the Customer to ask for guidance on the means by which to proceed to credit the refund they are entitled to following their exercise of the right of withdrawal.
8.6 The right of withdrawal is excluded in the cases specified in Art. 59 of Legislative Decree no. 21/2014. In the event that a Product offered on the Site is not covered by the right of withdrawal, this exclusion will be indicated alongside the Product in question.
Article 9 - Warranties and Non-Conforming Products
9.1 The Products offered on the Site comply with the rules applicable in Italy on the matter. All products sold by Henderson are covered by a 24-month warranty for conformity defects, according to Title III of Legislative Decree no. 206/2005 (Consumer Code). In order to take advantage of the warranty, the Customer must keep the invoice, or receipt of payment, together with the shipping document.
9.2 Henderson is responsible for doing its best to ensure that the images of the Products published on the Site represent the Products offered for sale as closely as possible. However, the colours of the Products may differ from the real ones due to the settings of the computer systems or computers used by Customers for their display. Each Product is accompanied by a detailed description that allows Customers to learn about their main features.
9.3 In the event that the Products purchased are not conformant or deviate from the description on the Site, the Customer is entitled to the repair or replacement of the Product, at no additional charge, if this is possible in relation to the number of items still available for the sale, unless the replacement or repair are not excessively burdensome for Henderson, in consideration of the value that the Product would have had if there were no lack of conformity, of the extent of the defect and of the possibility that the alternative remedy could be completed without significant inconvenience to the Customer.
9.4 The Customer is entitled to an appropriate reduction of the price or the termination of the contract, where one of the conditions provisioned by Art. 130, paragraph VII of the Consumer Code exists.
9.5 When returning the Product, the Customer must return the Product intact and in its original packaging, complete with all its parts.
Article 10 - Intellectual property
10.1 The content of the Site is subject to Italian copyright legislation. The content of the Site may be changed at any time without prior notice. Nothing contained on the Site may be copied, reproduced, published, uploaded, posted, transmitted or distributed in any way. The printing and copying of the Site’s contents is limited exclusively to the purpose of navigating through the Site, shopping and sending orders through the Site. The use of the Site’s contents for commercial purposes is prohibited. The Customer retains the right to save and print the General Conditions of Sale. Changing the content of the Site or its use for purposes other than those that are purely personal constitutes a violation of Henderson’s intellectual property rights.
10.2 In particular, it is forbidden to use these contents on another website or on an online platform. Only simple links to the home page of the Site are permitted. Any other type of link (deep links, online links, framing) is prohibited.
10.3 The Site may contain links, banners or other hypertext links to Henderson’s partner sites or to third-party sites. Henderson does not exercise any controls over or monitor such sites. Henderson is not responsible for the content of such sites and/or damage that access to these may cause to the Customer.
Article 11 – Privacy
Personal information collected through the submission of the Order will be processed by Henderson only to meet the expressed demands of the Customer, in accordance with Decree 196/2003 and the privacy policy listed on the Site. Any additional processing will be performed solely with the Customer’s express consent.
Article 12 – Copyright
Trademarks, logos and other distinctive signs on the site belong to their respective owners. The use of trademarks, logos and other distinctive signs, including their reproduction on other websites by unauthorised third parties, is prohibited. The contents of the site are protected by copyright laws (texts, images and graphics).
Article 13 – Agreement
The contract supersedes all prior agreements, arrangements and understandings between the parties and constitutes the entire agreement between the parties regarding the subject matter of the contract, along with the order, the general conditions relating to the use of the site and the conditions relating to the registration service. Any change or modification of the contract must be accepted in writing by both parties.
Article 14 – Communications
All communications between the parties shall be made in writing and sent to the other party indicated in the contract and in the order. Communications transmitted to the e-mail address of the other party, indicated on the site and in the order, are also understood to be sent in writing.
Article 15 - Applicable Law and Place of Jurisdiction
These Conditions of Sale are governed by Italian law.
Any dispute that cannot be solved amicably will be subject to the exclusive jurisdiction of the Court of the place of residence or domicile of the Customer, if located within the country.
In any case, it is possible to follow the procedures of Mediation under Legislative Decree 28/2010, for the resolution of any disputes that arise in the interpretation and execution of these conditions of sale.
If the Customer is not domiciled in Italy but in the territory of a Member State or a country outside the European Union, the Customer agrees that the jurisdiction in disputes, present or future, arising from this legal relationship, will be assigned to an Italian Judge, in the place where the company Henderson S.r.l. is based.
Furthermore, Customers that reside and/or are domiciled in an EU Member State other than Italy may apply, for any dispute concerning the application, implementation and interpretation of these Conditions of Sale, the European procedure established for disputes of a modest entity, by Regulation (EC) no. 861/2007 of the Committee, of 11 July 2007, provided that the amount in dispute does not exceed, excluding interest, fees and expenses, Euro 2,000.00.