Terms and Conditions of Sale

POLICY, GENERAL CONDITIONS OF ONLINE SALE

  1. Welcome

1.1 In case of problems with your order, please contact us immediately at our email address info@animaeditshoes.com, as our goal is to satisfy our customers. We will do our best to resolve your issue.

1.2 We offer the User the possibility to custom-make and personalize entirely handmade "Made in Italy" leather footwear according to their preferences, and we do our best to ensure this result within the delivery times specified on the Product page (as defined below) and during checkout. However, please note that this is an entirely artisanal Product based on leather processing, subject to different tanning, aging procedures and unique characteristics, with the consequence that the final Product may present slight differences in color and texture compared to the images available on the Website, as well as require a longer processing time than indicated on our Website.

1.3 For questions about ANIMA Edit Shoes Products, contact us via email at info@animaeditshoes.com; we would be happy to answer any questions.

2. Owner of ANIMA Edit Shoes and related Services

ANIMA Edit Shoes S.r.l.

Via Andrea Massena, 18

20145 Milan, Italy

VAT n. 14473470962

Company Register of Milan – Monza – Brianza – Lodi, REA n. 2787741

(the “Company”).

3. Scope of Application

3.1 These general conditions of online sale (the “General Conditions”) apply to all sales contracts concluded between the User (as defined below) and the Company based on orders placed electronically through the website “www.animaeditshoes.com” (the “Website”).

3.2 The “User” is someone who qualifies as a consumer according to the law of their applicable State. The User, therefore, is understood in accordance with Article 2, paragraph 1, of Directive 2005/29/EC as a consumer, i.e., any natural person acting for purposes that are outside their trade, business, craft, or profession.

3.3 The User cannot purchase the Products (as defined below) through the Website if they do not accept these General Conditions.

3.4 By declaring acceptance of these General Conditions when purchasing a Product on the Website, the User undertakes to comply with them.

4. Information on ANIMA Edit Shoes and the Product

4.1 The Company exclusively develops and produces handmade footwear and artisanal sneakers in Italy according to the instructions provided by the User (as defined below) (the "Product") through the online creation and customization service on our Website (as defined below), with which the User can choose materials, parts, colors, textures and variations of the Product (the "Service").

4.2 Each Product is handmade to measure for the User and according to the preferences provided by the latter during the customization phase on the Company's Website (as defined below). Each Product is a unique piece created from scratch by our artisans for the User and highly personalized for them.

4.3 "Personalization" refers to the set of techniques and artistic and artisanal interventions carried out by hand to create, package or personalize the Products that the Company will create for the User.

4.4 The characteristics of the material, parts, colors, textures, and variations of the Product are detailed on the style pages, associated, by way of example only, with a 3D configurator that is suitable for best and transparently conveying the final result of the requested activity to the User.

4.4.1 We have tried to ensure that the materials, colors, and textures of our products appearing on our Website are as close as possible to the real ones. However, the actual materials, colors, and textures you see will depend on your computer equipment and, consequently, we are unable to guarantee the graphic result of the material and the exact color of the Product upon delivery. Furthermore, due to the nature of the tanning and dyeing process of the materials used in our Products, the actual colors of the Products may vary slightly from the images displayed on our Website, but this does not constitute a defect in the product.

4.4.2 More specifically, by purchasing any leather Product from our Website, the User acknowledges and confirms that they are aware that each batch of leather is subject to different tanning procedures, aging, and unique characteristics that make each product unique and may present slight differences in color and texture compared to the images available on our Website. These unique characteristics do not constitute a product defect. Likewise, the User acknowledges and confirms that they are aware that the manual processes and finishes of the Product are artisanal and make the product unique and different from any other example; therefore, the final creations may differ from the images available on the Website and social channels.

4.4.3 The publication on the Website, social channels, and style sheets (web page) of images relating to examples of creation and customization of some footwear is for illustrative purposes only and aimed at providing the User with a graphic example of the service offered by the Company.

4.5 The User is responsible for the size (i.e., shoe measurement) selected and provided to the Company for the creation and custom manufacturing of the footwear. Before proceeding with the purchase order of the Product, the User is recommended to verify, under their responsibility, the selected size. The Company provides on its Website, in the "Size Guide" drop-down menu within the "Create your ANIMA ORIGIN" page, as well as on a dedicated page labeled "What is your ANIMA ORIGIN?" directly accessible from the main menu, general indications regarding the fit of the footwear, which should be understood as mere suggestions and cannot generate reliance on the part of the User. The choice of size is entirely at the User's discretion; the Company does not guarantee a perfect match with the fit.

4.6 As the Product is made exclusively according to the User's instructions and to order, it cannot be resold to third parties.

5. Changes to the General Conditions

5.1 The Company reserves the right to make changes to the General Conditions at any time if such changes are necessary to comply with legal provisions, to adapt the General Conditions to sales models, or to any other need of the Company.

5.2 The updated version of the General Conditions will be published on the Website from time to time. In any case, any changes to the General Conditions will apply to orders placed from the date of their entry into force.

6. Account Creation

6.1 To complete a purchase on the Website, the User can:

(i) create a new account, specifying their email address and then completing their profile with their data (name, surname, shipping address, etc.);

(ii) log in with their authentication credentials already obtained after creating an account on the Website; and

(iii) proceed in "guest" mode, as specified in the following article 7.

6.2 To create a new account on the Website, the User must:

(i) correctly fill in the fields of the registration form, entering their email address. Account creation and access take place through an electronic authentication procedure based on the email address provided by the User and subsequent identity verification via a temporary authentication code (One-Time Password – "OTP") sent to the indicated email address. Once this identity verification is successfully completed, the profile can be completed by entering the name, surname, and email address;

(ii) provide any further consents; and

(iii) confirm registration.

6.3 The User's username corresponds to the email address provided by the User during registration.

6.4 The User guarantees that all data provided during the registration procedure is complete, truthful, updated, and referable to their person or, where applicable, to the entity on whose behalf they operate.

6.5 The User is responsible for the confidentiality and security of their email address and the devices used to access the customer account. Any access made through correct verification of the OTP code sent to the email address associated with the account will be considered made by the User themselves.

6.6 The Company does not guarantee the continuous availability of authentication functionalities provided by third-party platforms or providers and may modify the technical methods of registration and account access at any time without incurring liability towards the User.

6.7 The Company cannot be held responsible for unauthorized access resulting from:

(i) compromise of the User's email account;

(ii) loss of control of the email address associated with the Account;

(iii) improper use of OTP codes by third parties;

(iv) negligent behavior of the User in managing their authentication tools.

6.8 The User undertakes to promptly notify ANIMA EDIT SHOES of any suspected unauthorized use of their Account or any event that could compromise its security.

6.9 The Company reserves the right to suspend, limit or deactivate the account if there are reasonable grounds to believe that:

(i) inaccurate, incomplete or misleading information has been provided;

(ii) the account is used in violation of these General Conditions;

(iii) the account is used for fraudulent, unlawful or otherwise prejudicial purposes for the Company, other users or third parties.

6.10 Account creation is not a necessary condition for consulting the Website. The User may also make purchases through the checkout methods made available by the e-commerce platform from time to time, it being understood that certain services or functionalities may require the order to be associated with a verified account.

6.11 For the purpose of managing orders, customer assistance, and fulfilling contractual and legal obligations, the Company may associate purchases made with the email address used by the User during the purchase process, as provided by the Privacy Policy and applicable personal data protection regulations.

6.12 The User can delete their account at any time by accessing the "Profile" section and choosing the "delete account" option. With the deletion of their account, all contractual relationships between the User and the Company will be considered terminated - without prejudice to purchase orders already submitted before the deletion request - and the User will lose all information associated with the account, such as the history of placed orders.

7. Purchase

7.1 To proceed with the purchase of products on the Website, the User can choose between two methods:

  • purchase after logging in: the User can purchase through the Website by logging in with their authentication credentials obtained by creating an account (see article 6);
  • purchase as "guest": the User can also purchase through the Website as a guest, without creating an account. In this case, the User must correctly fill in the required fields during checkout, entering all the data requested therein, such as name, surname, billing and delivery address, email address, and telephone number.

8. Conclusion of the Purchase Contract

8.1 The contract is finalized upon payment, by submitting a purchase order through the Website ("Contract") and will be entirely governed by these General Conditions.

8.2 Once the purchase order has been submitted, the Company sends the User an email confirming receipt of the order, containing the order number and details of the order placed ("Receipt Confirmation").

8.3 Before confirming the purchase order, the User is required to review the purchase order summary to check that all provided data is correct.

8.4 The User is required to keep the order number present in the Receipt Confirmation in order to access customer service and for any other communication with the Company.

8.5 The Customer has 24 (twenty-four) hours to withdraw from the Contract and receive a full refund, without any penalty and without specifying the reason. After 24 (twenty-four) hours, it will no longer be possible for the User to cancel the order as the shoe creation and configuration process will have begun.

8.6 If the User purchases multiple Products for the first time, the Company will initially proceed with the manufacturing of only one item to verify the correct fit. As soon as this is confirmed by the User, the Company will proceed with the manufacturing of the remaining Products.

9. Product Availability

9.1 The Products are entirely handcrafted and are made from scratch exclusively for, and based on the instructions received from, the User. Consequently, these are highly personalized Products created according to the User's specifications and are, by their nature, not available "in stock."

9.2 There is no "catalogue" of Products but only a list of Products called "Creations" which is purely for informative and descriptive purposes of the Product.

10. Product Prices and Payment Methods

10.1 Sales prices are expressed in the indicated currency and are inclusive of VAT; any shipping costs or customs duties are indicated separately before order confirmation.

10.2 The User will be allowed to choose one of the following payment methods: credit card, prepaid debit card or any other payment method indicated as valid by the Company on the Website from time to time. No commissions will be applied to the Customer for any chosen payment method.

10.3 Sales prices may be subject to change without prior notice. In any case, the sales prices applicable to the User are those published online at the time of submitting the purchase order. It is the User's responsibility to check the final price before submitting the purchase order.

10.4 The Company constantly verifies that all prices indicated on the Website are correct, without however being able to guarantee the absence of errors. Should the Company detect an error in the price of a product, for example, a clear material error reported in the product description compared to the price commonly applied by the Company to the type of product, or in the calculation of the amount requested for payment, the Company will contact the User as soon as possible and give them the opportunity to confirm the purchase at the correct price or to cancel it. It is understood that, in case of order cancellation, the Company will promptly refund the sums paid by the User. Refunds will be made using the same payment method used by the User to make the purchase.

In any case, the Company has no obligation to expressly approve or fulfill an order for a product that has been published at an incorrect price.

10.5 If the Company is unable to contact the User within a reasonable timeframe, the order will be canceled using the same payment method the User used to make the purchase.

10.6 If, at any stage of the product purchase process on the Website, the User discovers that the price of one or more products they intend to purchase is clearly lower than the normally applied price and/or in any case lower than the correct sales price, the User is requested not to complete their purchase order and to report the aforementioned problem to the address indicated in article 1. Should the User nevertheless proceed to finalize the purchase order, the Company reserves the right to exercise the faculties mentioned above, i.e., not to expressly approve the order and to contact the User in order to offer the opportunity to confirm the purchase of the chosen product at the correct price or to cancel it.

11. Product Delivery

11.1 The time required for the artisanal production of the Product is between 2 (two) and 4 (four) weeks from the completion of the order. The Company delivers the products to the address indicated by the Customer within the aforementioned timeframe, subject to delays attributable (i) to the courier; or (ii) to circumstances beyond the Company's reasonable control, including, but not limited to, acts of war or terrorism, strikes, national or local emergencies, government or other authority orders, transportation facility failures, pandemics, power or service outages, earthquakes or other natural disasters ("Force Majeure").

11.1.1 The estimated shipping date varies depending on the payment method. During national holiday periods, there may be potential delays due to workshop closures.

11.1.2 A Business Day means a day, excluding Saturdays and Sundays, on which (i) banks operating in Milan are open to the public and carry out their normal activities, and (ii) the Trans European Automated Real Time Gross Settlement Express Transfer System (TARGET) is operational for the settlement of payments in Euros.

11.2 Upon delivery of the products by the Company to the courier, the User receives a shipping confirmation, which includes the tracking code for monitoring the shipment.

11.3 In the event of a Force Majeure event as per art. 11.1, the Company will make every reasonable effort to comply with the obligations assumed under the General Conditions. If the Force Majeure event persists for a minimum period of 3 (three) months, the User and the Company will have the right to withdraw from the contract. In such a case, the Company will refund the payments made by the User without undue delay.

11.4 Delivery is understood to be completed at the moment the User, or a third party authorized by them, takes physical possession of the products, which will be proven by the signing of the order receipt at the agreed shipping address and, in any case, by the receipt of the delivery confirmation email.

11.5 In case of failed delivery of the Products due to the User's absence during the attempts provided for by the courier's procedure, the Products will be returned by the courier to the Company.

11.6 The risk of loss of or damage to the products, for reasons not attributable to the Company, is transferred to the User only at the moment when the latter, or a third party designated by him and different from the carrier, physically takes possession of the goods. However, the risk is transferred to the User already at the moment of delivery of the good to the carrier if the latter was chosen by the User and such choice was not proposed by the Company, without prejudice to the User's rights against the carrier.

12. User Declarations and Warranties

12.1 The User declares and warrants:

a) that they can legitimately enter into the Contract;

b) that they are of legal age. If the User is between 14 (fourteen) and 17 (seventeen) years old, a parent or legal guardian must accept the General Conditions on behalf of the User and ensure that the User understands how the Website works. The parent or legal guardian will be responsible for the User's use of the Website, including, but not limited to, payment for purchases made;

c) that the personal data and other information communicated to the Company during registration or purchase of a product are truthful, correct, and updated. The Company reserves the right to verify the information provided at any time and by any means at its disposal, including by requesting appropriate supporting documentation from the User;

d) that they will use the Website in compliance with any applicable law or regulation, refraining from any form of direct and/or indirect use of the Website that is contrary to the law, these General Conditions, or harmful to third-party rights.

12.2 The Company reserves the right to suspend or deactivate the User's account in case of violation of Article 12.1.

12.3 The User undertakes to indemnify and hold harmless the Company against any liability, action, cost, expense, and claim that may arise from the User's violation of the declarations and warranties referred to in Article 12.1, without prejudice, in any case, to the Company's right to terminate the Contract with immediate effect pursuant to Article 1456 of the Civil Code in case of violation by the User of the aforementioned declarations and warranties.

13. Right of Withdrawal

13.1 Pursuant to Article 8.5, the User has the right to withdraw from the concluded Contract, without any penalty and without the obligation to specify the reason, within 24 hours of receiving the order confirmation. The Customer may exercise the right of withdrawal, within the aforementioned term, by expressing their wish to withdraw from the contract via email. Once the Product production process has begun according to the User's instructions, it will no longer be possible to cancel the order.

13.2 In accordance with art. 59 et seq. of Legislative Decree 206/2005, the right of withdrawal is excluded for products made to measure or customized according to the User's instructions.

14. Legal Guarantee of Conformity

14.1 Products sold through the Website to the User benefit from the legal guarantee of conformity provided for by articles 128 et seq. of the Consumer Code ("Legal Guarantee").

14.2 Without prejudice to the provisions of Article 4.4. and related preceding paragraphs, the Company is obliged to deliver to the User products that conform to the Contract according to the subjective and objective requirements provided for by art. 129, paragraphs 2 and 3, of the Consumer Code, where pertinent and compatible, as well as conforming to the descriptions published on the Website. It is understood that, since these are artisanal Products and leather processing, any subjective evaluations by the User regarding the aesthetic appeal of the requested customizations and the final result do not constitute, and the User accepts that this will not constitute, a lack of conformity, provided that the item respects the characteristics and specifications agreed in writing at the time of ordering.

14.3 The Company is liable to the User for any lack of conformity existing at the time of delivery of the Product, provided that the lack of conformity is manifested within a period of 2 (two) years from the delivery of the Product. The action aimed at asserting defects of conformity not fraudulently concealed by the Company is, in any case, prescribed within 26 (twenty-six) months from the delivery of the Product. In order to exercise the rights related to the Legal Guarantee, the User must report any defects of conformity of the product, via email, to the address indicated in Article 1. This report must contain an accurate and complete description of the alleged defects of conformity and photos of the product, highlighting the reported defect of conformity. The Company will promptly acknowledge the User's communication, providing instructions for any return of the Product.

14.4 The return and repair or replacement referred to in subsequent Article 14.5 of the product will be carried out entirely at the Company's expense if, in light of the report of the lack of conformity and the photographic documentation received, order number or purchase receipt, the Company deems the reported defect to exist. If, on the other hand, the Company, following the analysis of the photographic documentation, does not consider the User's report to be founded, the latter will be free to send the product to the Company, at their own care and expense, solely for the purpose of subjecting it to physical analysis by the latter. The User must attach to the product for which they intend to assert the Legal Guarantee following the report of the defect (duly completed), the payment receipt and any other document requested by the Company.

14.5 In case of actual existence of the reported lack of conformity, the User has the right to have the product restored to conformity by choosing between repair and replacement, provided that the chosen remedy is not impossible or, compared to the alternative remedy, does not impose disproportionate costs on the Company, taking into account all circumstances and, in particular, the value that the good would have in the absence of the lack of conformity, the extent of the lack of conformity and the possibility of resorting to the alternative remedy without significant inconvenience for the consumer.

14.6 The Company may refuse to make the product conform if repair and replacement are impossible or if the costs that the Company would have to bear are disproportionate, taking into account all circumstances, including those referred to in Article 14.5 of these General Conditions.

14.7 The User has the right to a proportional reduction in price or to the termination of the Contract if the Company has not carried out or declares that it does not intend to carry out the repair or replacement of the product within a reasonable period, or despite the repair or replacement, a lack of conformity occurs. The User also has the right to a proportional reduction in price or to the termination of the Contract if the lack of conformity is so serious as to justify an immediate reduction in price or termination of the sales contract.

14.8 The User does not have the right to terminate the Contract if the lack of conformity is only minor.

14.9 The User acknowledges and accepts that any defects or damages caused by facts attributable to the User's responsibility or by use of the products not conforming to their intended use or by normal wear and tear will not be covered by the Legal Guarantee.

15. Personal Data Protection

15.1 The Company processes the User's personal data for the purposes and with the methods specified in the Privacy Policy available on the Website.

16. Applicable Law and Competent Court

16.1 These General Conditions are entirely governed by Italian law. Any dispute that may arise between the Parties in relation to the validity, interpretation, execution, and termination of these General Conditions or of any contract will be the exclusive jurisdiction of the court of the place of residence or domicile of the consumer, if located in a European Union state.

17. Miscellaneous

17.1 These General Conditions consist of all the clauses that compose them and define the scope of the Company's obligations in relation to the sale of products. The Company disclaims any warranty and any condition or other term other than those expressly mentioned in these General Conditions to the maximum extent permitted by applicable law.

17.2 The Company's failure or delay, in whole or in part, to exercise any right or remedy provided for by these General Conditions or by law cannot be construed as a waiver thereof.

17.3 Any ineffectiveness and/or invalidity of one or more provisions of these General Conditions does not affect the validity and effectiveness of the other provisions.