GENERAL TERMS AND CONDITIONS OF ONLINE SALE

 

1. Welcome

If you experience any issue with your order, please contact us immediately at info@animaeditshoes.com. ANIMA EDIT SHOES will use reasonable efforts to assist customers and resolve any issues. ANIMA offers bespoke, handcrafted Made in Italy leather footwear manufactured according to the customer’s specifications. Due to the artisanal nature of the products, natural leather characteristics, tanning processes and handcrafted finishes, the final product may present slight variations in colour, texture and appearance compared to the images displayed on the Website and production times may occasionally exceed estimates.

2. Company Information

ANIMA Edit Shoes S.r.l., Via Andrea Massena 18, 20145 Milan, Italy, VAT No. 14473470962, REA MI 2787741 (the 'Company').

3. Scope of Application

3.1        These terms apply to all sales contracts concluded through www.animaeditshoes.com between the Company and consumers (“General Terms and Conditions”).

3.2       A consumer means a natural person acting for purposes outside their trade, business, craft or profession.

3.3       Acceptance of these Terms is a condition for purchasing Products.

4. Products and Personalisation

4.1        The Company designs and manufactures handcrafted footwear exclusively upon customer request through the online customisation service (“Product”). Each Product is individually created according to the customer’s selected materials, colours, finishes, textures and clearly personalised within the meaning of Article 16(c) of Directive 2011/83/EU and Article 59(1)(c) of the Italian Consumer Code.

4.2       Images, 3D configurators, social media content and style pages are illustrative only.

4.2.1     The characteristics of the materials, components, colours, textures, finishes, and available variations of each Product are described within the relevant style pages and may be displayed, for illustrative purposes, through a 3D configurator designed to provide the User with the most accurate and transparent representation possible of the final Product resulting from the selected customisation options.

4.2.2     We make every reasonable effort to ensure that the materials, colours, textures, finishes, and visual representations of the Products displayed on the Website accurately reflect the actual Products. However, the appearance of such materials, colours, and textures may vary depending on the User’s device, monitor settings, display technology, and other technical factors beyond the Company's control. Accordingly, the Company cannot guarantee that the graphical representation viewed by the User will correspond exactly to the appearance of the Product upon delivery.

Furthermore, due to the inherent characteristics of natural materials and the artisanal tanning, dyeing, finishing, and manufacturing processes used in the production of the Products, minor variations in colour, shade, texture, grain, finish, and overall appearance may occur between the Product delivered and the images displayed on the Website. Such variations are inherent to the nature of the materials and production processes used and shall not constitute a defect, lack of conformity, or non-compliance of the Product.

4.2.3.    Any images, renderings, photographs, examples of customisations, style boards, visual representations, or creative content published on the Website, the Company's social media channels, advertising materials, or style pages are provided solely for illustrative and informational purposes and are intended exclusively to demonstrate examples of the customisation services offered by the Company.

Such materials do not constitute a binding representation of the final Product and shall not create any warranty, representation, or legitimate expectation that the Product delivered will be identical in every respect to the visual examples displayed.

4.3       Natural variations in leather, artisanal workmanship and screen display differences do not constitute defects. More specifically, by purchasing any leather Product through the Website, the User acknowledges and accepts that each batch of leather possesses unique characteristics arising from the natural properties of the material and from the specific tanning, dyeing, finishing, ageing, and treatment processes applied during production.

As a result, each Product is inherently unique and may present slight variations in colour, shade, texture, grain, markings, and finish when compared to the images, samples, renderings, or visual representations available on the Website. Such characteristics are natural features of genuine leather and shall not constitute defects, lack of conformity, or grounds for rejection of the Product.

The User further acknowledges and accepts that all Products are handcrafted and finished by skilled artisans using traditional manufacturing techniques. Consequently, minor variations in workmanship, finishing details, stitching, texture, and overall appearance may occur between individual Products. Such variations are intrinsic to artisanal production and contribute to the uniqueness of each Product. Accordingly, the final Product delivered may differ in certain non-material respects from the images, renderings, examples, or content displayed on the Website, social media channels, promotional materials, or other marketing communications of the Company.

4.4       Customers are solely responsible for selecting the correct shoe size. Sizing guides are indicative only and do not constitute guarantees. Prior to placing an Order, the User is strongly encouraged to verify the selected size carefully and independently. The Company makes available various sizing resources on the Website, including, without limitation, the “Size Guide” available within the “Create Your ANIMA ORIGIN” section and the dedicated page entitled “Which ANIMA ORIGIN is Yours?”, accessible through the main navigation menu.

Any sizing information, recommendations, fitting guidance, measurements, or suggestions provided by the Company are intended solely as general guidance and informational assistance. Such information is indicative in nature and shall not constitute a guarantee, representation, warranty, or undertaking regarding the fit, comfort, or suitability of the Product for any particular User.

The selection of the Product size remains entirely the responsibility of the User. To the fullest extent permitted by applicable law, the Company shall not be liable for issues relating to fit, comfort, or sizing preferences where the Product has been manufactured in accordance with the size selected by the User at the time of purchase.

Products are custom-made and generally unsuitable for resale.

5. Amendments

The Company may amend these Terms where required by law, business needs or operational requirements. Amendments apply only to orders placed after publication.

6. Customer Accounts

Customers may create an account using email verification through a One-Time Password (OTP).

Customers are responsible for the security of the email account used for authentication.

The Company may suspend or terminate accounts where false information, unlawful conduct or breaches of these Terms occur.

Purchases may also be made through guest checkout where available.

7. Purchases

Products may be purchased through a registered account or through guest checkout by providing the requested billing, delivery and contact information.

8. Formation of the Contract

8.1.       The purchase agreement between the User and the Company (the “Agreement”) shall be deemed concluded upon successful completion of the payment process and submission of the purchase order through the Website. The Agreement shall be governed exclusively by these General Terms and Conditions.

8.2.      Following submission of the purchase order, the Company shall send the User an e-mail acknowledging receipt of the order, containing the relevant order number and a summary of the Products ordered (the “Order Receipt Confirmation”).

For the avoidance of doubt, the Order Receipt Confirmation merely confirms that the order has been received by the Company's systems and does not affect the customised nature of the Products or the applicability of the provisions governing cancellation rights and withdrawal set out herein.

8.3.      Prior to submitting the purchase order, the User is required to carefully review the order summary and verify the accuracy and completeness of all information provided, including, without limitation, the selected Product configuration, size, personalisation options, billing details, delivery address, and contact information.

8.4.      The User shall retain the order number indicated in the Order Receipt Confirmation, as it may be required for customer support purposes and for any subsequent communication with the Company relating to the relevant order.

8.5.      As a contractual benefit voluntarily granted by the Company, the Customer shall be entitled to cancel the Agreement within 24 (twenty-four) hours from receipt of the Order Receipt Confirmation and obtain a full refund of all amounts paid, without penalty and without being required to provide any reason.

Upon expiry of the aforementioned 24-hour period, the Company shall commence the artisanal production, configuration, and manufacture of the Product in accordance with the Customer’s individual specifications and selected customisation options. Consequently, the order may no longer be cancelled and, pursuant to Article 59(1)(c) of the Italian Consumer Code and Article 16(c) of Directive 2011/83/EU, the statutory right of withdrawal shall not apply to Products manufactured according to the Customer’s specifications or clearly personalised.

The Customer expressly acknowledges and accepts that each Product is individually manufactured upon request and that the commencement of production renders the Product unsuitable for resale to third parties in the ordinary course of business.

8.6.      Where the User places a first-time order for multiple Products, the Company reserves the right, where deemed appropriate for quality-control and fitting purposes, to initially manufacture and deliver a single Product in order to verify the suitability of the selected size and fit.

8.7.       Upon confirmation by the User that the size and fit are satisfactory, the Company shall proceed with the manufacture of the remaining Products included in the order.

Any delay resulting from the fitting verification procedure described above shall not constitute a breach of the Company's delivery obligations and shall not give rise to any right to compensation, cancellation, or refund.

9. Availability

Products are manufactured exclusively upon order and are not held in inventory.

Product examples displayed as 'Creations' are illustrative only.

10. Prices and Payment

Prices include VAT where applicable. Shipping costs, customs duties and taxes are disclosed separately where applicable.

The Company accepts payment methods indicated on the Website.

In the event of manifest pricing errors, the Company may cancel the order and refund any amounts paid.

11. Production, Shipping and Delivery

11.1.     Due to the bespoke and artisanal nature of the Products, the estimated production time required for the manufacture of each Product is between 2 (two) and 4 (four) weeks from the conclusion of the Agreement.

Subject to the provisions of these General Terms and Conditions, the Company shall deliver the Products to the delivery address specified by the Customer within the aforementioned estimated timeframe, save for delays attributable to: (i) the carrier; or (ii) circumstances beyond the Company's reasonable control, including, without limitation, acts of war, terrorism, civil unrest, strikes, labour disputes, national or local states of emergency, governmental or administrative orders, disruptions to transport infrastructure, pandemics, epidemics, power outages, interruptions of telecommunications or utility services, earthquakes, floods, natural disasters, or any other event constituting force majeure (each, a “Force Majeure Event”).

The Customer acknowledges and accepts that the estimated production and delivery periods are indicative only and may be subject to reasonable variation as a result of the artisanal manufacturing process, the availability of materials, quality-control requirements, and other operational factors.

11.1.1.   The estimated shipping date may vary depending on the payment method selected by the Customer and the time required for payment verification and processing.

Additional delays may occur during periods of national holidays, seasonal closures, or temporary interruptions affecting the Company's workshops, suppliers, or logistics partners.

11.1.2.   For the purposes of these General Terms and Conditions, a “Business Day” means any day other than a Saturday or Sunday on which: (i) banks in Milan, Italy, are open for ordinary banking business; and (ii) the Trans-European Automated Real-Time Gross Settlement Express Transfer System (TARGET or any successor system thereto) is operational for the settlement of payments in Euro.

11.2.     Upon dispatch of the Products to the carrier, the Customer shall receive a shipping confirmation e-mail containing the relevant shipment tracking number and any other information reasonably necessary to monitor the delivery status of the order.

11.3.     In the event of a Force Majeure Event, the Company shall use all reasonable efforts to fulfil its obligations under these General Terms and Conditions and to minimise any resulting delay.

Where a Force Majeure Event continues uninterrupted for a period exceeding 3 (three) months, either the Customer or the Company shall be entitled to terminate the Agreement by written notice to the other party.

In such event, the Company shall refund any amounts paid by the Customer in respect of Products that have not been delivered, without undue delay and in accordance with applicable law.

11.4.     Delivery shall be deemed completed when the Customer, or a third party designated by the Customer other than the carrier, acquires physical possession of the Products.

Evidence of delivery may include, without limitation, the signature of the delivery receipt at the agreed delivery address, the carrier's delivery confirmation records, electronic proof of delivery, or the delivery confirmation e-mail issued by the carrier or the Company.

11.5. If delivery of the Products cannot be completed due to the Customer's absence or failure to accept delivery during the attempts provided for under the carrier's standard delivery procedures, the Products may be returned to the Company.

In such circumstances, the Customer may request a new shipment, subject to payment of any additional shipping, storage, handling, customs, or administrative costs incurred as a result of the failed delivery.

11.6. The risk of loss of, theft of, or damage to the Products shall pass to the Customer only when the Customer, or a third party designated by the Customer other than the carrier, acquires physical possession of the Products.

However, where the Customer independently appoints a carrier and such carrier has not been offered or proposed by the Company, the risk shall pass to the Customer upon delivery of the Products to that carrier, without prejudice to any rights the Customer may have directly against the carrier under applicable law.

12. Customer Representations

Customers represent that they have legal capacity, are of legal age or are acting under parental supervision where permitted by law, and that all information provided is accurate and up to date.

13. Right of Withdrawal

Because ANIMA products are made to the customer’s specifications and clearly personalised, the statutory right of withdrawal is excluded once production has commenced, pursuant to Article 59 of the Italian Consumer Code and applicable EU consumer legislation. The Company nevertheless grants a contractual 24‑hour cancellation period from order confirmation.

14. Legal Guarantee of Conformity

14.1.     The Products sold through the Website benefit from the statutory legal guarantee of conformity provided for under Articles 128 et seq. of the Italian Consumer Code (the “Legal Guarantee”) and any other mandatory provisions of applicable consumer protection law.

14.2.     Subject always to the provisions set out in Article 4.4 and the related paragraphs above, the Company shall deliver Products that conform to the Agreement and satisfy the subjective and objective conformity requirements set out in Article 129, paragraphs 2 and 3, of the Italian Consumer Code, where applicable and compatible with the nature of the Products, as well as the descriptions and specifications published on the Website.

The User expressly acknowledges and accepts that, due to the artisanal nature of the Products and the characteristics of genuine leather and handcrafted manufacturing processes, any subjective assessment relating to the aesthetic appreciation of the selected customisations, materials, finishes, colours, textures, or of the final appearance of the Product shall not constitute, and shall not be deemed to constitute, a lack of conformity, provided that the Product has been manufactured in accordance with the specifications, configuration options, and characteristics selected and agreed by the User at the time of ordering.

14.3.     The Company shall be liable to the User for any lack of conformity existing at the time of delivery of the Product, provided that such lack of conformity becomes apparent within 2 (two) years from the date of delivery of the Product.

Any legal action relating to defects of conformity not fraudulently concealed by the Company shall, in any event, become time-barred 26 (twenty-six) months after delivery of the Product, in accordance with applicable law.

In order to exercise any rights arising under the Legal Guarantee, the User shall notify the Company of the alleged lack of conformity by e-mail using the contact details specified in Article 1.

Such notification shall include:

• the order number or proof of purchase;
• a detailed and accurate description of the alleged lack of conformity;
• clear photographic evidence reasonably demonstrating the alleged defect.

Upon receipt of the notification, the Company shall review the information provided and shall promptly communicate the appropriate procedure for the possible return and inspection of the Product.

14.4.     The costs of returning the Product and of any repair or replacement referred to in Article 14.5 below shall be borne entirely by the Company where, on the basis of the information, photographic evidence, order number, proof of purchase, and any supporting documentation submitted by the User, the Company reasonably determines that the alleged lack of conformity may exist.

Where, following its preliminary assessment of the documentation provided, the Company reasonably considers the claim to be unfounded, the User shall nevertheless be entitled to submit the Product to the Company, at the User's own expense, solely for the purpose of allowing the Company to carry out a physical inspection and technical assessment of the Product.

The User shall include with the Product all documents reasonably requested by the Company, including proof of purchase and any documentation necessary to process the claim under the Legal Guarantee.

14.5.     Where a lack of conformity is confirmed, the User shall be entitled to have the Product brought into conformity by choosing either repair or replacement, unless the remedy selected is impossible or would impose disproportionate costs on the Company compared with the alternative remedy.

In determining whether costs are disproportionate, consideration shall be given to all relevant circumstances, including, without limitation:

• the value that the Product would have if there were no lack of conformity;
• the significance and seriousness of the lack of conformity;
• the possibility of providing the alternative remedy without significant inconvenience to the User.

14.6.     The Company may refuse to bring the Product into conformity where both repair and replacement are impossible or where the costs that would be incurred by the Company would be disproportionate, taking into account all relevant circumstances, including those referred to in Article 14.5.

14.7.     The User shall be entitled to an appropriate reduction of the purchase price or to terminate the Agreement where:

• the Company has failed to repair or replace the Product within a reasonable period of time;
• the Company has declared that it will not repair or replace the Product;
• a lack of conformity persists despite repair or replacement; or
• the lack of conformity is of such a serious nature as to justify an immediate price reduction or termination of the Agreement.

Any reduction of the purchase price shall be proportionate to the decrease in value of the Product received by the User compared to the value that the Product would have had if it had been in conformity.

14.8.     The User shall not be entitled to terminate the Agreement where the lack of conformity is merely minor or insignificant, as determined in accordance with applicable law.

14.9.     The User acknowledges and accepts that the Legal Guarantee shall not cover any defects, deterioration, damage, or alterations resulting from:

• normal wear and tear;
• improper use of the Product;
• use inconsistent with the Product's intended purpose;
• failure to follow the Company's care, maintenance, or storage instructions;
• accidental damage;
• negligence or misuse by the User or any third party;
• exposure to water, humidity, chemicals, heat sources, or other external agents where such exposure is incompatible with the nature of the materials used;
• modifications, repairs, treatments, or interventions carried out by persons not authorised by the Company; or
• natural characteristics, variations, and ageing processes of leather and other artisanal materials, as described in Article 4.4 and the related provisions of these General Terms and Conditions.

For the avoidance of doubt, natural variations in colour, grain, texture, finish, stitching, and appearance arising from the handcrafted nature of the Products shall not constitute a lack of conformity and shall not be covered by the Legal Guarantee.

15. Personal Data

Personal data are processed in accordance with the Privacy Policy and Regulation (EU) 2016/679 (GDPR).

16. Governing Law and Jurisdiction

These Terms are governed by Italian law. Consumers residing within the European Union retain the mandatory protections afforded by applicable consumer protection laws and may bring proceedings before the courts having jurisdiction under such laws.

17. Miscellaneous

If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. Any failure by the Company to enforce a right shall not constitute a waiver.