Terms of service

 

GENERAL TERMS AND CONDITIONS OF SALE

 

SCOPE OF APPLICATION

 

 

1. These general online terms and conditions of sale (“General Conditions”) apply to all sales contracts entered into between “EUROSTEP COMMERCE SRL” (registered office in Via Feltrina Sud 192, Montebelluna (TV), 31044, Tax Code and VAT No. 04887580266 (hereinafter “EUROSTEP” or the “Seller”), which markets on behalf of “De Fonseca S.p.A.”, with registered office in Via Caselle, no. 63, 10040 – Leinì (TO), VAT No. 08210280015 and Tax Code 13005000156 (hereinafter “De Fonseca” or the “Manufacturer/Supplier”), products under the “DE FONSECA” brand sold in the online shop on the website “https://defonseca.com” (the “Website”), and the customer understood, pursuant to Article 3 of Legislative Decree no. 206/2005 (“Consumer Code”), as a consumer, i.e. a natural person acting for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out (the “Customer”), based on orders submitted electronically through the Website. EUROSTEP reserves the right not to process orders received from parties other than the Customer.

2. By accepting these General Conditions at the time of purchasing a product on the Website, the Customer declares that they have carefully read their content and undertake to comply with them. The Customer may not purchase products through the Website without accepting these General Conditions.

3. The General Conditions apply regardless of the Customer’s nationality, provided that delivery of the products takes place in one of the countries where the online sales service is active; such countries are listed on the Website homepage under the section “Ship to: Select your Country”.

 

 

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AMENDMENTS TO THE GENERAL CONDITIONS

 

EUROSTEP reserves the right to amend these General Conditions from time to time where necessary to comply with new legal provisions, for technical reasons, to adapt them to EUROSTEP’s sales models, or to better protect the rights of the parties. The most recent version of the General Conditions is published on the Website. In any case, the version in force at the time the relevant order is submitted shall apply to each purchase.

 

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ACCOUNT CREATION

 

 

1. To purchase products on the Website, the Customer must:

   (i) log in using authentication credentials previously obtained by creating an account in their name on the Website; or

   (ii) create a new account on the Website; or

   (iii) proceed as a “guest” without registering.

2. To create a new account, the Customer must:

   (i) correctly complete the registration form by entering all required data (e.g., name, surname, email address, username, password);

   (ii) confirm that they have read the privacy policy and provide any additional required consents;

   (iii) confirm the registration.

3. The Customer must choose a username and password in compliance with the password criteria indicated on the Website. Login credentials are personal and must not be disclosed or transferred to third parties. The Customer undertakes to keep the password confidential and to promptly notify EUROSTEP in case of unauthorized use, loss, or theft of credentials by contacting Customer Service (see Article 17) and providing a detailed explanation and a copy of an identity document. Upon notification, Customer Service will block the credentials and provide new ones. EUROSTEP shall not be liable for any loss or damage resulting from failure to safeguard credentials or notify unauthorized use. The Customer shall be liable for any unauthorized use of their account.

4. Registration is free of charge. However:

   (i) the Customer bears internet connection costs; and

   (ii) purchasing a product obliges the Customer to pay the relevant price.

5. After registration, the Customer will receive a confirmation email.

6. The Customer may delete their account at any time by emailing Customer Service. Upon receipt, all contractual relationships—except for orders already submitted—shall be terminated and credentials deleted.

 

 

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GUEST CHECKOUT

 

Customers may also purchase as guests without creating an account. In this case, they must:

(i) correctly complete the relevant form (e.g., name, surname, billing and shipping address, email address);

(ii) confirm they have read the privacy policy;

(iii) accept these General Conditions.

After completing the form, the Customer may select a payment method (see section PAYMENTS; INVOICING; REFUNDS) and submit the order electronically.

 

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CONCLUSION OF THE PURCHASE CONTRACT

 

 

1. The Customer selects products and adds them to the cart, with the possibility to modify or delete items before submitting the order.

2. Submitting an order constitutes acceptance of the public offer and creates a binding sales contract upon receipt by the Seller (“Contract”), governed by the General Conditions in force at that time.

3. Before confirming the order, the Customer must verify the summary and correct any errors. After submission, corrections are no longer possible.

4. Once the order is sent, EUROSTEP will email an order confirmation with the order number (“Order Confirmation”).

5. The Customer must retain the order number for any communication.

 

 

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PRODUCT SELECTION AND AVAILABILITY

 

 

1. The Customer may purchase only products available in the online catalog at the time of order. EUROSTEP does not guarantee permanent availability of any product or size/version.

2. Each product includes a description of its main features. Images and colors may differ from the actual product due to device display settings and are indicative within normal tolerances.

3. Products are available while stocks last. If a selected product becomes unavailable, Customer Service will notify the Customer by email and refund any amounts already paid.

 

 

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PRODUCT PRICES

 

 

1. Prices include VAT where applicable depending on the shipping country.

2. Prices are those displayed at the time of order submission and may change without notice. The Customer must verify the final price before submitting the order.

3. Shipping costs may vary depending on destination country.

4. Prices do not include shipping costs, which are communicated during checkout.

 

 

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PAYMENTS; INVOICING; REFUNDS

 

 

1. Accepted payment methods:

   a) Credit card (Visa, Mastercard, American Express, Maestro);

   b) PayPal.

2. Only the above card networks are accepted (Visa Electron excluded unless enabled for online payments).

3. For PayPal payments, the Customer is redirected to PayPal’s website and must use a verified account.

4. Credit card data are handled directly by payment service providers; PayPal data by PayPal. Data are encrypted and not shared with EUROSTEP.

5. Transactions are authorized at the time of order. Orders without payment authorization will not be accepted.

6. EUROSTEP may request additional information or documentation for verification. In case of cancellation, refunds are processed using the same payment method. Refund timing depends on the payment provider.

7. In online sales, issuance of an invoice to consumers is not mandatory. However, the Customer may request an invoice during checkout. If not requested during checkout, it cannot be issued later. If no invoice is requested, EUROSTEP sends a non-fiscal purchase receipt for assistance or warranty purposes only.

 

 

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SHIPPING AND DELIVERY

 

 

1. Products are delivered to the address indicated by the Customer via appointed couriers.

2. Upon shipment, the Customer receives a tracking code via email (“Shipping Confirmation”).

3. Delivery times and costs vary by country and are indicative only. For non-EU countries, shipments are made DDU (Delivery Duty Unpaid). The Customer is responsible for customs duties and local taxes. Failure to clear customs will result in return to the warehouse.

4. Upon delivery, the Customer must verify package integrity and report issues immediately to the courier and notify Customer Service within 8 days. Legal warranty and withdrawal rights remain unaffected.

 

 

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LATE DELIVERY

 

 

1. If delivery does not occur within the communicated timeframe, delivery may be extended up to 30 days from contract conclusion.

2. If not delivered within this period, the Customer may withdraw or set an additional deadline. If unmet, the Customer may terminate the Contract and obtain a refund and possible damages.

 

 

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FAILURE TO COLLECT

 

If delivery fails due to absence or incorrect address and the package is returned, the Contract will be terminated and refunded minus shipping and return costs.

 

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CUSTOMER DECLARATIONS AND WARRANTIES

 

The Customer declares they are of legal age, that the provided information is accurate, and that they will use the Website lawfully. EUROSTEP may verify information and suspend accounts in case of violation.

 

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LEGAL WARRANTY

 

Products benefit from the legal warranty of conformity under Articles 128 et seq. of the Consumer Code. The Customer must retain the invoice or receipt. The warranty does not cover damage caused after delivery due to improper use.

 

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RIGHT OF WITHDRAWAL

 

 

1. The Customer has 14 days from delivery to withdraw without providing reasons (except for excluded goods, e.g., personalized items).

2. Withdrawal may be exercised by sending an explicit declaration to:

   support@defonseca-support.zendesk.com

   or by following Customer Service instructions.

3. A confirmation email and return instructions will be sent.

4. Refunds include all amounts paid, including delivery costs if all products are returned. For non-EU returns, customs duties and local taxes remain the Customer’s responsibility and will be deducted. Refunds are made within 14 days.

5. Products must be returned within 14 days to:

   Via Mandolossa 82, 25064 Gussago Brescia, Italy.

6. Products must be unused, undamaged, with original labels and packaging. Free gift items must also be returned.

7. If the return is non-compliant, the product will remain available for collection at the Customer’s expense.

 

 

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INTELLECTUAL PROPERTY

 

All intellectual property rights related to the products (including “DE FONSECA” trademarks) remain exclusively owned by DE FONSECA. No rights are transferred to the Customer. Unauthorized reproduction or use is strictly prohibited.

 

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PRIVACY

 

Personal data are processed by De Fonseca S.p.A. as Data Controller. EUROSTEP COMMERCE SRL acts as Data Processor pursuant to Article 28 of Regulation (EU) 2016/679 (GDPR). See the Privacy Policy for further details.

 

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CUSTOMER SERVICE

 

Email: support@defonseca-support.zendesk.com

 

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FORCE MAJEURE

 

EUROSTEP is not liable for delays or non-performance due to events beyond its control (e.g., strikes, wars, natural disasters, pandemics, government restrictions). Obligations may be suspended during such events. The Customer’s right of withdrawal remains unaffected.

 

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ONLINE DISPUTE RESOLUTION

 

The Customer may use the EU Online Dispute Resolution platform (ODR):

https://ec.europa.eu/consumers/odr/main/?event=main.home.show

 

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APPLICABLE LAW AND JURISDICTION

 

 

1. These General Conditions are governed by Italian law, excluding conflict-of-law rules and the CISG Convention. Mandatory provisions of the Customer’s country of residence remain applicable.

2. Disputes shall be submitted, at the Customer’s discretion, to the Court of Treviso or the court of the Customer’s residence/domicile if within the EU. If the Customer resides outside the EU, jurisdiction lies with the Court of Treviso.

 

 

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