Terms and Conditions of Sale
Version 1.4 applicable from 01/01/2020
Click on the print button to print a copy of the General Terms and Conditions of Online Sale.
To reach us by phone please call 855-303-3253 or by email email@example.com
Click on the print button to print a copy of the General Terms and Conditions of Online Sale.
To reach us by phone please call 855-303-3253 or by email firstname.lastname@example.org
- PurposeThis General Terms and Conditions of Sale (the "Terms of Sale") govern the sales made by Italiantouch USA, Inc. ("ITALIANTOUCH") through tods.com when accessed from the United States (the "Website") of TOD'S products (hereinafter the "Products" or "Product") to you (hereinafter the “Customer”).By using the Website you are acknowledging that you are entering into a transaction with ITALIANTOUCH a separate and independent company from TOD'S S.p.A. and/or other companies of the TOD'S Group.
All Customers wishing to make a purchase from the Website represent and warrant that they are not acting on a commercial basis, have full legal capacity or are authorized by a parent or guardian to use the credit card or debit card utilized in connection with the transaction to be carried out on the Website. The Terms of Sale can change and be subsequently amended by ITALIANTOUCH. The respective applicable Terms of Sale shall be applied when an order is placed.
Therefore, the Customer should consult the Terms of Sale on a regular basis so the Customer is aware of the version applicable when placing orders.
- Product features and availabilityPRODUCT FEATURES
The essential features of the Products offered for sale on the Website are described on the Product page. Some Products may be available in different colors.
Due to computer processing of images and notwithstanding the care taken in producing our Product pages, the colors of Products shown on the Website may be different from their actual color. The particular technical specifications and settings of the Customer's computer and its display could affect the accuracy of the colors of products offered on the Website. ITALIANTOUCH cannot guarantee the Customer's computer monitor's display of the color will be accurate.
All orders are subject to acceptance and availability. Items in the Customer's shopping basket are not reserved and may be purchased by other customers.
Subject to their availability, Products offered for sale together with their prices shall be valid as long as they are accessible on the Website.
If a Product becomes unavailable after placing the order, the Customer will receive prompt notification by email to the address provided for the order, and if the Customer credit card or debit card (the "Customer Card") has been charged, a reverse authorization will be placed on the Customer Card. In the event that the Customer Card is charged, the full amount charged will be promptly reimbursed to the Customer Card used as payment, in any event the reimbursement shall occur no later than thirty (30) days from the date of the payment and shall be posted on your Customer card and/or your Customer Card statement as soon as possible under the circumstances. ITALIANTOUCH may refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time in its sole discretion. ITALIANTOUCH will not be liable to a Customer or a third party by reason of its withdrawing any Product for any reason from the Website whether or not such Product has been sold, refusing to process a transaction or unwinding or suspending transactions after processing has begun.
- Prices and Prohibition on ResellingThe prices displayed on the Website are in U.S. dollars and are intended to be valid and effective only in the United States. The prices displayed do not include applicable taxes. Prices listed on product pages are for informational purposes only, and may be changed by ITALIANTOUCH at its own discretion without notice. In the event a product is listed at an incorrect price, ITALIANTOUCH has the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or the Customer Card charged. If Customer Card has already been charged for the purchase and the order is canceled, ITALIANTOUCH will issue a credit on the Customer Card. All prices and offers remain valid as indicated from time to time on the Website.
Total invoice prices displayed at the time of purchase include estimated taxes only. At the time of shipment, the card is charged and the final order total is indicated in the shipping confirmation invoice. The shipping confirmation invoice will include the actual sales tax calculated based on the shipping address and United Stated Federal and state laws.
Customers may not purchase any item from the Website with the intention of reselling it and may not resell any Products purchased from this Website to third parties for a profit. The information on this Website does not constitute a binding offer to sell products described on the Website to the Customer or to make such products available in the Customer's area. ITALIANTOUCH reserves the right at any time after receipt of the Customer's order to accept or decline the Customer's order, or any portion thereof, in its sole discretion, even after the receipt by Customer of an order confirmation or after Customer Card has been charged. ITALIANTOUCH reserves the right to restrict multiple quantities of a Product being shipped to any one Customer or postal address.
- Accounts & OrdersSETTING UP AN ACCOUNT
The Customer agrees to provide full, accurate and up-to-date information and to change any details that become obsolete or incorrect at a later date. Any details or information that is offensive, illegal, incorrect, misrepresented, representing a public order offence or moral issues must not be used in the context of setting up an account.
Once the account has been set up, an email will be sent to the email address provided on the account to confirm login information.
The account password you provide shall be unique and kept secure, and you must notify ITALIANTOUCH immediately of any breach of security or unauthorized use of your account. ITALIANTOUCH will not be responsible for your losses caused by the unauthorized use of your account, but you may be responsible to ITALIANTOUCH or others for any authorized use of your account.
PLACING AN ORDER
Once the Customer has selected the size, color and quantity of the Product or Products the Customer wishes to order, the Customer must choose "Add to Shopping Bag" on the product page to confirm the selection.
The contents of the shopping bag can be viewed at any time by clicking "Shopping Bag" which appears at the top right corner of each page on the Website.
The Customer may delete some or all of the Products in the shopping bag at any time by clicking on the corresponding "x" icon of the products delete column. The Customer shall be responsible, where applicable, for completing details relating to invoicing, delivery address and intended payment method. At the end of the order process and before payment, the Customer will receive a summary of the Products ordered together with details of any delivery costs. At this point the Customer may either confirm or change the order.
Once the required order information is completed, the Customer will be directed to the payment page to finalize the order and choose Place Order to complete the process. The Customer shall be responsible for checking the accuracy of this information prior to final confirmation of the order (in particular names, address, number, postal code, etc.). ITALIANTOUCH shall not be responsible for any mistake by the Customer in the information provided at the time of the order confirmation. If information relating to recipients is incorrect, ITALIANTOUCH may not be held liable for any delay or failure to deliver an order.
Once payment has been made, an email summarizing the order and acknowledging receipt will be sent immediately to the email address provided by the Customer (“Confirmation Email”).
We reserve the right at any time after receipt of the order to accept or decline the order, or any portion thereof, in our sole discretion, even after the Customer receives an order confirmation or after the Customer Card has been authorized. If the Customer Card has already been authorized for the purchase and the order is canceled, we will issue a credit to the original method of payment.
ITALIANTOUCH accepts MasterCard®, Visa®, American Express®, and Discover® or any other methods which may be clearly advertised on the Website as methods of payment. The payment will be debited to the Customer Card only after verifying the Customer Card details, receiving credit authorization on the Customer Card, and confirmation of the Product availability, and when the order is ready for shipment.
All transactions on the Website are processed using Ingenico Payments, a secure online payment system that encrypts the Customer Card details in a secure environment.
ITALIANTOUCH take reasonable care to keep the details of a Customer’s order and other information secure, but ITALIANTOUCH cannot be held liable for any loss a Customer may suffer if a third party procures unauthorized access to any data provided when accessing or ordering from the Website.
As indicated at the time of purchase and by the order confirmation email, the Customer is responsible for any and all shipping costs associated with the delivery as indicated at the time of purchase. Flat shipping fees apply for Ground, Next Day, and Second Day Air. The Customer shall select the shipping method when placing the order. Once the order is placed, the Customer will not be allowed to change the shipping method or address.
Shipping Methods and Fees:
· Ground Complimentary
· Second Day $25.00
· Next Day $35.00 Guaranteed delivery on the next business day
· Same Day $45.00. Guaranteed delivery on the same business day by 10 pm EST
The Same Day shipping option is available periodically only in selected Zip Codes in the United States.
If we are unable to fulfill the Same Day Shipping option for reasons attributable to us, we will only provide a refund of the Same Day Shipping charge and change you for Next Day shipping.
All orders must be placed by 012:00 p.m. (EST).
*Ground and Next Day are not available to Alaska or Hawaii
All packages are shipped via UPS.
- DeliveryPLACE OF DELIVERY
1. The Products purchased on Website can only be delivered to addresses in the United States; to all 50 states including Alaska and Hawaii. Items can be shipped to a P.O. boxes or APO/FPO addresses. However, we can only be held liable to the destination P. O. Box, APO/ FPO & freight forwarding. Subject to receipt by ITALIANTOUCH of the full payment, deliveries shall be made to the address provided the time of placement of an order.
2. As alternative to the shipping method set forth above, the Customer may collect the Products purchased on the Website at a TOD’s Boutique located in the United States during normal business hours upon selecting the Boutique on the Website at the time of the placement of an order. The Customer will be notified via email that the Product purchased is ready for pick-up at the selected TOD’S Boutique (“Email Pick Up Confirmation”). To collect the Product, the Customer shall provide a copy of the Confirmation Email or Email Pick Up Confirmation, also in electronic form, as well as an identification document. The Customer may designate a third party to collect the Product through the proxy authorization form available at The proxy authorization form shall be (i) completed in all its parts; (ii) signed by the Customer; and (iii) a copy of a valid identification document of the Customer shall be attached thereto. To collect the Product, the third party identified in the proxy authorization form shall provide to the sales assistant: (a) the proxy authorization form; (b) the Confirmation Email or Email Pick Up Confirmation; (c) a valid identification document.
3. The Customer agrees and acknowledges that collection of the purchased Product is a Customer’s obligation. If the Customer fails to collect within 30 days from the receipt of the Email Pick Up Confirmation, the purchase order shall be deemed cancelled. ITALIANTOUCH will refund the purchase price paid by the Customer within 15 business days from the cancellation of the order. ITALIANTOUCH reserves the right to deduct any expenses it may have incurred due to Customer’s failure to collect the Product. The Customer will be notified by email of the order cancellation and of the amount and method of the refund. In the event of payment by Customer Card, the refund shall be credited to the Customer Card used by the Customer for the purchase, including in the event of an Endless Aisle Mode purchase provided that such refund method is applicable. In the event of cash payment, and for Endless Aisle Mode purchases to which the refund cannot be credited as above, the refund will be made by wire transfer. ITALIANTOUCH will contact the Customer by email to obtain the relevant bank account details for the transfer. The Customer is solely and exclusively responsible for providing such information and the accuracy thereof.
Unless indicated otherwise after the final confirmation of order, the delivery period for Products ordered from the Website include 1-2 business days to process the order for shipment, in addition to the time indicated by the Customer's preferred shipping method. i.e. UPS next day, second-day, ground. Orders are processed and delivered Monday through Friday, excluding holidays. Saturday delivery not available. ITALIANTOUCH is not responsible for unanticipated delays due to conditions such as weather or air travel delays.
RECEIPT OF PRODUCTS
ITALIANTOUCH requires a signature for the delivery of the Products to any Customer. If Customer has specified a recipient who is not the Customer (a third party in case of a gift) then Customer accept that evidence of a signature such person or of a person at the delivery address indicated at the time of the order confirmation is evidence of delivery.
If a Product purchased on the Website is received damaged, the Customer must notify Customer Assistance immediately within forty eight (48) hours either by phone (at 855-303-3253 ) or by email email@example.com The Customer must provide detailed information regarding the defects and keep the original Product packaging and the parcel in the condition in which it was received, and otherwise follow the instructions provided by the Customer Assistance representative. Customer Assistance will then begin investigation with UPS. Please note that this process generally takes between eight (8) and ten (10) business days.
Retention of ownership and transfer of risks
ITALIANTOUCH shall retain full ownership of the Products ordered until payment has been received in full. Once the product is shipped risks of loss or damage to said Products, and any damage that may have occurred, shall be transferred to the Customer.
- Right of withdrawal, Return/ExchangeThe Product purchases can be returned within fourtheen (14) days from the date of shipment of the Products (the "Return Period"), provided that such right will be exercisable if (i) the Products are returned to ITALIANTOUCH as provided herein; and (ii) Products to be returned were not marked as "Final Sale" or sale priced at the time of purchase. If Products are marked as "Final Sale" or were discounted they cannot be returned or exchanged and their sale is final.
In order to exercise the Right to Withdrawal during this period, the Customer is required to inform ITALIANTOUCH of his decision to withdraw by access the appropriate section of the Website (https://www.tods.com/us-en/request-return), entering the order number and following the instructions set out there (“Online Return”).
Items being shipped to P.O. boxes, APO/ FPO and freight forwarding must adhere to 14 day policy. Should further assistance be needed the Customer can contact Customer Assistance by phone 855-303-3253 or by sending an email to firstname.lastname@example.org.
Items delivered in the United States can also be returned to one of the TOD'S Participating Boutiques located in the United States, please visit http://www.tods.com/us-en/return-boutique.html for a list of TOD’s Participating Boutiques in the United States and please visit http://www.tods.com/us-en/store-locator.html for a list of all stores in the United States. Should you choose to return the items at one of our Boutiques, please bring with you the original purchase receipt and the label, printed following the instructions of the Online Return, on the package of the Product. Return credits are not made at the store but only after the item is received by our warehouse. The Tod's Boutique will receive your return and ship it to our website processing facility. Please allow 15 business days to receive your return credit to your original form of payment.
If the last day of the Return Period falls on a Saturday, Sunday or a public holiday, the Return Period shall be extended to the next business day. Public holidays include New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
For commercial reasons, we will accept the costs of returning Products subject to strict compliance with the procedure as outlined on the return/exchange form and criteria outlined in the Return Policy.
The Products shall be submitted for return to ITALIANTOUCH to the courier designated in the return shipment provided by ITALIANTOUCH to the Customer, or to one of the TOD'S Boutiques located in the United States, within the Return Period, in their original condition, in the original packaging, and must be accompanied by the shipping invoice.
In the event of Endless Aisle Mode purchase, the Customer may also return the Products directly to one of TOD’S Participating Boutiques located in the same U.S. State where the purchase was made along with (1) the shipping invoice, or the shipping invoice and E-commerce Receipt in the event of return of Endless Aisle Mode purchased Products; and (2) and the label, printed following the instructions of the Online Return, on the package of the Product. The right to return Products to TOD’S Participating Boutiques in the United States is limited to Products purchased in the United States, and such return shall occur only in the same U.S. State where the purchase was made.
ITALIANTOUCH will only accept full-price Products in their original condition for a full refund when accompanied by the shipping confirmation invoice inside the package. ITALIANTOUCH will not accept merchandise that has been worn, used, altered or damaged. Shoes should be tried on a carpet surface before being worn. Products should be returned unused and with all ITALIANTOUCH and TOD'S tags or stickers still attached.
Sale-priced Products, or Products marked as "Final Sale" at the time of the order, are final sale and cannot be returned, and ITALIANTOUCH will not issue any credit towards the return of those Products. Returns will be processed within seven (7) to ten (10) business days of receipt of the Products by ITALIANTOUCH. Refunds may only be issued on the same Customer Card utilized for payment. Please note that the original shipping charges for any returned item(s) are the Customer's responsibility and will not be refunded. ITALIANTOUCH will not assume any liability for reimbursement or compensation in the event that return packages are lost, stolen, or mishandled by the courier.
Except as specifically provided herein, ITALIANTOUCH does not allow exchanges and refunds at our boutiques, outlet stores or at shop-in-shop located inside department stores for any of the goods purchased on TODS.COM.
- Replacement of Endless Aisle Mode purchased ProductsNotwithstanding the foregoing, with regard to only Endless Aisle Mode purchases, the Customer may replace the purchased Product(s) by returning such Product (“Original Product”) and selecting a product for such replacement (“Replacement Product”) at one of the TOD’S Participating Boutique located in the same U.S. State where the purchase was made. The right to replace Endless Aisle Mode purchased Products is limited to (1) Products purchased in the United States, and (2) Products that are available at TOD’S Participating Boutiques located in the same U.S. State where the purchase was made. The replacement shall occur if the following conditions are met: ); (i) the Original Product is returned at such Boutique in the original packaging together with a copy of the shipping invoice and E-commerce Receipt to a Sales Assistant; (ii) a Sales Assistant has verified that the Original Product is intact, complete in all its parts, equipped with all accessories, illustrative sheets, identification tags and labels, placed inside its original packaging; (iii) the Replacement Product is available at one of the TOD’S Participating Boutiques located in the same U.S. State where the Original Product was purchased at the time of the submission of the Replacement Request.
Should the Sales Assistant receiving the Replacement Request above confirm that the replacement conditions set forth herein are met, at the election of the Customer the Replacement Product may be (1) shipped within 10 business days to the address provided by the Customer at the time of the purchase in Endless Aisle Mode, or (2) replaced at such TOD’S Participating Boutique where the Customer submitted the Replacement Request and returned the Original Product.
If the price paid for the Original Product purchased in Endless Aisle Mode is lower than price of the Replacement Product at the Participating TOD’S Boutique, the Customer shall pay the difference at that Participating TOD’S Boutique. If the price paid for the Original Product is higher than the price of the Replacement Product the difference will be credited to the Customer Card used by the Customer for the purchase.
ITALIANTOUCH reserve the right to refuse return of any merchandise that does not meet the above Return Policy.
The price any returned Products that complies with ITALIANTOUCH Return Policy shall be reimbursed as soon as possible and, in any event, within 30 days of from the return of the Products by the Customer to ITALIANTOUCH.
Returns of Products that do not comply with the Return Policy may be accepted at the sole discretion of ITALIANTOUCH.
Returns of Products that are damaged or do not comply with the Return Policy may not be accepted by ITALIANTOUCH and will be returned to Customers at their expense.
CUSTOM MADE PRODUCTS
Notwithstanding anything to the contrary contained IN Terms of Sale the following terms shall regulate any purchase of a Product through the “made to order” section of the Website (a “Custom Made Oder”): · Custom Made Orders can only be cancelled by contacting the Customer Service within twenty-four (24) hours from the email confirmation of the Custom Made Order. The Customer shall contact the Customer Service (i) by phone at the following number: 855-303-3253 (Monday to Friday from 9am to 6pm EST, excluding holidays) and/or (ii) by e-mail at email@example.com
· Custom Made Orders cannot be changed, modified or amended.
· Custom Made Orders cannot be returned and the Return Policy shall not apply.
· Custom Made Orders are “Final Sale” and cannot be returned, or exchanged.
· The shipment of exotic skins might be restricted. The Customer shall be responsible for ensuring that the requested exotic material or skin can be shipped to her/his respective region/address.
· Italiantouch and TOD’S S.p.A. shall own all intellectual property the rights in the designs of Products manufactured pursuant to a Custom-Made Order. The design of any Custom-Made Order is not unique to the Customer and shall be owned by Italiantouch and TOD’S S.p.A..
· Colors and materials may vary. Italiantouch shall not be responsible for any variations in color, shade and texture and will not accept returns on that basis.
· Italiantouch will use its reasonable efforts to deliver a Custom-Made Order within 12 weeks from the date of the order confirmation email.
ENDLESS AISLE MODE
In the event that one or more products are not available at a TOD’s Participating Boutique, such products may be purchased by the Customer through the Endless Aisle Mode by using the TOD’s Participating Boutique enabled device (“Enabled Device). The Customer with the support of the Sales Assistant, can search the Website and purchase the desired product(s) and pay for such product(s) at the TOD’s Participating Boutique’s cash register. In the event of payment by Customer Card, the account will be debited at the time of purchase. All applicable provisions of these Terms of Sale apply to such purchases. In the event that the Customer purchasing in Endless Aisle Mode is registered on the Website, such Customer can log in through the Enabled Device with its credentials and proceed with the purchase as registered user. If the Customer is not registered on the Website, it can proceed with the purchase in Endless Aisle Mode through the Enabled Device in “Guest” mode. At the time of the purchase, the Customer purchasing in “Guest” mode shall provide an email address for further communications related to the purchase.
Once a purchase in Endless Aisle Mode is made, the Customer will receive a Confirmation Email at the email address provided.
All applicable provisions of these Terms of Sale apply to purchases made in a “Guest” mode on the Website in Endless Aisle Mode.
Payment for a purchase made in Endless Aisle Mode shall be made at the TOD’s Participating Boutique in cash or by Customer Card At the time of payment, a sales receipt will be provided to the Customer with the order number and the price paid (“E-Commerce Receipt”). A commercial invoice will be provided at the time of delivery and will be sent at the email address provided.
Shipping and Delivery conditions set forth herein apply to Endless Aisle Mode purchases. Endless Aisles Mode purchases are subject to all applicable provisions regarding failure to collection, right of withdrawal, return/exchange and return policy set forth above.
Certain personal data is essential for setting up a Customer account and making purchases; such information beginning with an asterisk is Title, First Name, Last Name, Email Address, Password, and Telephone. Failure to provide this mandatory information shall mean that the Customer's account cannot be set up and used. In creating this account, the Customer authorizes ITALIANTOUCH to store their name and email. All other requests for personal data are optional.
Email registration for the ITALIANTOUCH or other online newsletter as provided from time to time at the time of registration is optional. To register an email for the ITALIANTOUCH or other online newsletter the Customer can submit it through the Email Sign Up menu button on the top right of the page. The Customer can also sign up when creating an ITALIANTOUCH account by checking the Email Newsletter option during registration. If the Customer does not choose to sign up during registration, at any point after registration the Customer may check the "Sign up to our email newsletter" option on the Profile tab of My Account and press the Sign up button to confirm the option.
Email addresses provided to become a registered member are stored for ordering purposes only.
Customer Card information will be collected when placing an order, but ITALIANTOUCH does not store this information.
This right may be exercised, where applicable, via the Customer account. To make changes to a profile, the Customer must go to Profile tab of the My Account page and choose the "Edit" button in the right hand corner of the page to change home address, email address, etc. information and save to finish updating.
We are committed to implementing appropriate measures in order to avoid any attack on the integrity and confidentiality of personal information collected.
However, the security, confidentiality or integrity of information sent via the Internet is not guaranteed on account of the very nature of the network.
In particular, we are not accountable and may not be held liable in the event of loss, communication to a third party or fraudulent uses of login details.
- Severability of ClausesIf one or more of the provisions in the Terms of Sale are deemed or declared null and void, unenforceable, or illegal, the other provisions shall remain unaffected in terms of their validity and scope.
- Applicable lawThe laws of the State of New York govern these Terms of Sale, and the Customer irrevocably consent to the jurisdiction of the courts located in the County of New York for any action arising out of or relating to these Terms and Conditions of Sale. The Website has been designed to comply with the laws of the State of New York and of the United States. If the Website fails to comply with the applicable legislation in the country from which the Customer accesses the Website, the Customer must stop using the Website.
DISCLAIMER, ERRORS & INACCURACIES
ITALIANTOUCH is not responsible for any inaccuracies or errors, or for any loss or damage caused by or arising from any user's reliance on information obtained from or through this Website. Our goal is to provide complete, accurate, and up-to-date information on our Website. Unfortunately, it is not possible to ensure that any Website is completely free of human or technological errors. This Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and product information. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted and to change or update information at any time without prior or subsequent notice.
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