At our points of sale you are able to buy both products available in-store ("Available Products"), and products (only in the participating points of sale) not available at the time you shop in store, which will be delivered to you later ("Products@"), hereinafter jointly the "Products".
Upon purchase of the Products, these general terms and conditions of sale will apply to in-store purchases (hereinafter the "Terms and Conditions for In-Store Purchases"). The Terms and Conditions for In-Store Purchases are available both in-store and in the section of the site www.CALZEDONIA.com (hereinafter the "
Site"), where the main characteristics of the Products are also described.
In the event of changes in the Terms and Conditions for In-Store Purchases, the conditions in force at the
time of the purchase shall apply. You will be able to check the previous versions in the specific section of
the Site, which can be saved and printed.
The Customer is required, before making the purchase, to read and accept these Terms and Conditions for In-Store Purchases. The purchase implies full knowledge and acceptance of these Terms and Conditions for In-Store Purchases.
1.1 The products are sold by Calzedonia USA Inc. (hereinafter the "Retailer"). All information relating to the Retailer is available in the store.
1.2 In the event of the purchase of Products@, the Customer will be identified by the information provided in store. Providing false and/or fabricated data is prohibited: the Retailer is exempt from any liability in this regard.
1.3 For any information, directly contact the addresses indicated in the following paragraph 8.
The purchase of the Products will be finalized when the payment is made at the point of sale (hereinafter
the "Purchase Date").
By purchasing the Products@, the Customer accepts and authorizes the same to be delivered after the time of purchase, at the address provided to the Retailer or at the point of sale selected by the Customer.
After purchasing the Products@, the Customer will receive an email (hereinafter "Product@ Purchase Confirmation”) containing the confirmation that the purchase has been correctly completed and a summary of its terms.
Subsequently the Customer will receive via email:
The prices of Products are those in effect at the point of sale on the Purchase Date.
Prices are exclusive of taxes, duties and any costs related to customs duties. State taxes will be calculated at the time of checkout.
Any shipping costs charged to the Customer for shipping the Products@ (if provided) will be indicated on the purchase receipt.
Payment can be made through all the payment methods accepted at the point of sale chosen for the purchase of the Products.
5.1 Available Products will be delivered within the point of sale together with the payment.
Available Products will be delivered to Customer at the point of sale at the time of payment. The Products@ will be delivered to the address provided to the Retailer or at the point of sale selected by the Customer by the estimated date provided on the Product@ Purchase Confirmation and in any case no later than 30 (thirty) days from the Purchase Date found on the purchase receipt issued in-store. Shipment and delivery dates set forth in any Product@ Purchase Confirmation or in these Terms and Conditions for In-Store Purchases are estimates only and such estimates shall not be deemed a representation by the Retailer. The Retailer shall not be liable for failure to ship or deliver the Products@ by the estimated delivery dates, and the Customer shall not be entitled to any refunds or cancellation of orders as a result of delayed shipment.
5.2 In the event that the Customer has chosen to receive the Products@ at a point of sale, they will be
available for collection for 10 (ten) days after the Product@ Delivery Confirmation.
The Customer may pick up the Products@ directly or through a person authorized by Customer.
When picking up the Products@, the following will be necessary:
In the event that the Customer is registered with the Loyalty Program, the following will be sufficient:
If the Customer fails to present the documentation necessary for pick-up, or fails to pick-up the Products@ by the date set forth above, all monies paid by Customer will be refunded in the original payment method (cash, by Return Card or by credit card). For products paid in cash, the Customer will have to go back to the store of original purchase, to receive the cash refund. In the event the Products@ are not available for shipment, the Retailer will send an email to the Customer informing him/her that the Products@ cannot be delivered, and all monies paid by Customer will be refunded in the original payment method. For products paid in cash, the Customer will have to go back to the store of original purchase, to receive the cash refund.
At the time of pick-up of the Products@, the following will be the Customer's responsibility:
In the event of any issues, the Customer will be required to immediately report them at the contact information provided in paragraph 8.
5.3 The store staff will inform the Client if shipping costs are due (hereinafter referred to as “Shipping Costs”). These Shipping Costs are available on the website [https://www.calzedonia.com/us/customer-service-shipping.html] and reported in the purchase receipt issued upon purchase of the Products@ by the point of sale.
5.4 The Retailer shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including, without limitation, acts of God, war, acts of terrorism, insurrections, riots, embargoes, fires, strikes, pandemics, epidemics or other public health issues, delays in transportation, inability to obtain supplies of raw materials or equipment used in the manufacture of the Products, failure of any party to perform any contract with the Retailer related to the production of the Products, blackouts or governmental laws, regulations, orders or actions.
6.1 Products can be returned in all participating Calzedonia store located in the United States (except for
outlets and Tax/Duty free points of sale), for any reason, provided that the conditions set forth herein are
met ("Returned Products").
The Returned Products shall be returned by presenting the purchase receipt, or if the Customer is registered with the Loyalty Program, by providing their full name, or by showing the loyalty card.
The aforementioned return must take place by and no later than:
Provided that the requirements set forth in Article 6.3 are complied with, the Customer will have the right to:
The refund amount will be the total indicated on the purchase receipt, except for the costs referred to in paragraph 6.3).
6.2 The right to return Products is subject to the following conditions:
6.3 The refund price will not include shipping costs, gift wrapping cost, and costs of additional services specifically requested by the Customer.
6.4 The following Products cannot be returned:
7.1 For any defect or non-conformity of the Products, the Retailer offers a limited warranty of 2 (two) years, subject to the terms set forth herein.
The warranty is valid under the following conditions:
This warranty does not cover any problem that is caused by normal wear and tear, improper use, misuse or abuse, improper storage or maintenance, accident or neglect such as physical damage and any other type of misuse, damage or other acts not resulting from defects in material or workmanship. This warranty only extends to Customer.
7.2 In the event that the Retailer determines a Product is defective, the Customer will have the right to obtain, without any additional cost:
7.3 The Customer will not be required to cover any cost for the return of defective products.
7.4 EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, PRODUCTS ARE SOLD ONLY WITH THE 2-YEAR LIMITED WARRANTY DESCRIBED IN THIS SECTION. EXCEPT WHERE PROHIBITED BY LAW OR AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE RETAILER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS, AND, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE RETAILER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE PRODUCTS CONTAINED ON THE ORDER CONFIRMATION AND THE WARRANTY PROVIDED HEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT WILL THE RETAILER BE LIABLE FOR ANY LOSS, DAMAGE OR CLAIM FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, OPPORTUNITY OR DATA, OR DELAY, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT THE RETAILER IS FOUND LIABLE IN RESPECT OF ANY LOSS, DAMAGE OR CAUSE OF ACTION (WHETHER CONTRACTUAL, EXTRA-CONTRACTUAL OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCT, THE RETAILER’S LIABILITY SHALL BE STRICTLY LIMITED TO THE PRICE OF THAT PRODUCT.
For any request for information, please contact:
Calzedonia Customer Service
c/o Calzedonia Group USA
1350 Broadway, Suite 720
New York, NY 10018
9.1 Calzedonia USA Inc., New York, NY 10118 350 Fifth Avenue (herein referred to as “Calzedonia USA”), its franchisees and Calzedonia S.p.A , Via Monte Baldo 20, Dossobuono di Villafranca (Verona) Italy (herein referred to as “Calzedonia”) act as “Joint Controllers” with regard to the processing “Purchasing Products”: this means that they jointly decide how to process personal data and for which purposes. For the other purposes listed in point 9.5, the Data Controller is Calzedonia S.p.A. You can contact Calzedonia USA and Calzedonia by writing at firstname.lastname@example.org.
9.2 Calzedonia, in compliance with the European Data Protection Regulation “GDPR” has appointed a Personal Data Protection Officer (DPO), who can be contacted by sending an email to the following address: DPO@calzedonia.com. The DPO, pursuant to GDPR, acts as a point of contact for customers’ rights concerning their personal data.
9.3 To access services and content provided inside the stores and to purchase Available Products, the Customer may be asked to provide personal information such as name, surname, e-mail and phone number. With reference to the purchase of Products@, we will also collect the Customer’s shipping address and mailing address and credit/debit card information. Providing the data set forth above is necessary in order to purchase the Products. To pursue our purposes, we never ask for sensitive data (e.g. relating to racial and ethnic origin, religious, philosophical, political beliefs, health status, sexuality, etc.) or judicial data (data regarding judicial records, or relating to the condition of defendant or suspect, etc.).
9.4 The personal data of the Customer will be processed for these purposes and for this period of time:
|Type of processing||For what purposes do we process personal data?||What are the legal bases of the processing of personal data?||How long do we keep personal data?|
|Purchasing products||The personal data that the Customer provides will be used to process his purchase orders and related activities (shipment of goods, billing, delivery of the goods, payment processing, refund process, etc.).||The need to execute the contract of sale of products, or pre-contractual measures adopted according to the Customer’s request||The personal data of the Customer will be kept for the time required to fulfill the contractual obligations as well as the obligations imposed by law (e.g. for tax matters) in relation to the performance of the sales activity.|
|Customer Care||We offer a support service (via chat, telephone, email) for all needs of the Customer relating to the purchase of our products, or the use of our services. In some cases, we may ask the Customer for personal information if this is necessary in order to respond to the requests that he makes via our Customer Care.||The need to execute the contract of sale of products, or pre-contractual measures adopted according to the Customer’s request.||The personal data of the Customer will be processed for the duration strictly necessary to achieve the processing purposes.|
|Anti-fraud measures||Activation of necessary controls to allow the verification of correspondence between the purchasing subject and the holder of the selected means of payment will occur.||It is Calzedonia's legitimate interest to prevent and combat fraud.||24 months from the date of collection.|
|Statistical analysis||We create statistical reports and behavioral models in order to examine - in an aggregate form - the economic effectiveness of Calzedonia's commercial initiatives (for example the interest in a new product) and to direct our future commercial and promotional initiatives.||It is Calzedonia's legitimate interest to analyze - in a pseudonymized form (in such a manner that the data subject is no longer identifiable) - customer data, in order to obtain strategic information relating to customer buying behavior, how customers interact with the Company through the various communication channels and the effectiveness of commercial and promotional initiatives, and to be able to compete with the main operators in the sector.||The personal data related to the purchase will be kept - in a pseudonymized form - for five years. The other personal data will be stored - in a pseudonymized form - for two years.|
We wish to inform the Customer that when we process his/her personal data using legitimate interest as a legal basis, we carry out a balancing test between the interest and his rights as required by the law. The Customer can contact the Data Controller at any time to request information.
9.5 The Joint Controllers only communicate personal data to third parties when it is necessary and
functional to achieve the data processing purpose pursued in accordance with the service that the Customer
Customer personal information is typically shared with the following categories of third parties:
• Employees of Calzedonia and Calzedonia USA in charge with the management of the service required by the Customer;
• Supplier and Consultant appointed as “Data Processor” in accordance with GDPR;
• Subjects to whom the right of access is granted by law or regulation (e.g. public security authorities and police forces);
• Companies that provide payment services, shipping companies.
The list of persons appointed as data processors is obtainable by writing to email@example.com.
9.7 Personal data collected may be transferred outside the EU (in particular, the United States) to be stored on Customer Relationship Management servers. The transfer is carried out with Standard Contractual Clause stipulation or upon verification of the Privacy Shield certification from the service provider (specifically appointed as Data Processor). The list of persons appointed as data processors is obtainable by writing to firstname.lastname@example.org.
9.8 The Customer can exercise the rights that the law affords regarding his/her personal data by writing to
email@example.com. We will reply to the Customer’s request
as soon as possible and in any case, no later than 30 days upon receipt. In some cases, we may request a
copy of an identification document if required in conjunction with his request, to enable us to verify the
Customer’s identity. Below we illustrate the rights that the law guarantees to the Customer:
• Right of access: the right of the Customer to know if we process his/her personal data and, if it is confirmed, to obtain a copy of such data and be informed about; the source of the data, the categories of personal data processed, data recipients, the processing purposes, the existence of an automated decision-making process, (including profiling) the data retention period and the rights provided by the General Data Protection Regulation.
• Right of rectification: the right of the Customer to obtain a rectification of data in our possession that concerns him/her or to update data that is incomplete. We remind the Customer that when he/she provides his/her data to use our services, he/she guarantees its authenticity and accuracy. The Customer can help us ensure that his/her data is always accurate by communicating updates to firstname.lastname@example.org.
• Right of erasure: the right of the Customer to request the erasure of his/her personal data if it is no longer needed for the purpose for which it was collected, or if we are no longer authorized to process such personal information.
• Right of restriction of processing the right of the Customer to obtain processing restrictions in the following cases:
• Right to withdraw consent: the Customer can withdraw his/her consent in relation to all
processing of data that requires it.
• Right of data portability: In the event that we process data based on the Customer’s consent or in the implementation of a contract, or if the processing is carried out by automated means, the Customer can exercise the right of data portability. The Customer will then be able to receive the personal data that he/she has communicated to us in a structured format, commonly used and readable using an automatic device. The Customer can also request to forward his/her data directly to another company, as long as this is technically possible.
• Right of objection: the right of the Customer to object to the processing of his/her personal data at any time based on our legitimate interest, including profiling.
We also inform the Customer that if he/she believes that the processing of his/her personal data goes against the provisions of EU Regulation 2016/679, he/she has the right to file a complaint with the competent data protection supervising authority.
These Terms and Conditions for In-Store Purchases are governed and will be interpreted according to the applicable law where the point of sale where the purchase was made is located, without prejudice to any other prevailing mandatory rule of the country of residence of the Customer. Any disputes must be resolved exclusively by the court of the place of domicile or residence of the Customer based on the applicable law.
These Conditions for In-Store Purchases may be amended at any time. The Customer will be required to accept the Terms and Conditions for In-Store Purchases in effect at the time of purchase of the Products. The new Terms and Conditions for In-Store Purchases will be effective from the effective date of the same and in relation to purchases made after that date. You may check any previous versions of the Terms and Conditions for In-Store Purchases in the dedicated section of the Site .
VERSION UPDATED ON 01/25/2022