1) Scope of application
1.1. These General Terms and Conditions of Online Sale ("General Terms and Conditions") shall apply to all sales contracts entered between “EUROSTEP COMMERCE SRL." (with registered office in Via Feltrina Sud no. 192, Montebelluna (TV), 31044, Italy, Tax code and VAT number 04887580266, (hereinafter "EUROSTEP" or the "Seller"), which sells on behalf of “Coccinelle S.p.A." (with registered office in Via Lega dei Carrettieri no. 6, Sala Baganza (PR), post code 43038, Italy, Tax code and VAT number 00478330343, (hereinafter "COCCINELLE" or the "Producer/Supplier"), "COCCINELLE" brand products for sale in the online shop on the Website "www.coccinelle.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, trades or professional activity carried out (the "Customer"), on the basis of orders placed electronically through the Website. EUROSTEP therefore reserves the right not to process orders from parties other than the Customer.

1.2.      By accepting these General Terms and Conditions when purchasing a product on the Website, the Customer declares that he/she has carefully read their content and undertakes to comply with their provisions. The Customer cannot purchase products via the Website if he/she does not accept these General Terms and Conditions.

1.3.      The General Terms and Conditions apply irrespective of the Customer’s nationality, provided that the products are delivered to one of the countries in which the online sales service operates. These countries are listed on the home page of the Website in the section "Ship to: Select your country".

2) Changes to the General Terms and Conditions 
2.1.      EUROSTEP reserves the right to make changes to these General Terms and Conditions from time to time, where such changes are necessary to ensure compliance with new legal provisions, for technical reasons, to adapt them to the sales models adopted by EUROSTEP, or to better protect the rights of the parties. The latest version of the General Terms and Conditions shall be published on the Website each time. In any event, the version of the General Terms and Conditions in force at the time the respective order is placed shall apply to each purchase.

3) Creating an Account
3.1.      In order to purchase products on the Website, the Customer shall (i) access the Website with his or her authentication credentials previously obtained after creating an account on the Website in his or her name, or (ii) create a new account on the Website, or (iii) make the purchase as a 'guest' user, without needing to register.

3.2.      To create a new account on the Website, the Customer shall (i) correctly fill in the fields of the registration form, entering all the data requested therein (merely by way of example: first name, surname, email address, username and password), (ii) confirm that he/she has read the Privacy Policy on the Website and grant any additional consent, and (iii) confirm the registration.

3.3.      When creating an account on the Website, the Customer shall choose a username and a password, following the password creation criteria indicated on the Website at the time. The Customer acknowledges and accepts that access credentials to the Website are personal and must not be disclosed or transferred to third parties. The Customer undertakes to keep his/her password secret and to notify EUROSTEP immediately in the event of unauthorized use of the account or loss or theft of the access credentials by sending a written notice addressed to Customer Service, at the addresses set out in article 17, containing a detailed explanation of the incident and a copy of the Customer’s ID document. Upon receipt of the communication from the Customer, Customer Service shall block the Customer's access credentials and provide the Customer with new access credentials. EUROSTEP shall not accept any liability for any loss or damage resulting from the Customer's failure to keep his/her password safe or to notify Customer Service of the unauthorized use, loss or theft of his/her password. The Customer shall assume all liability in relation to EUROSTEP for any loss and/or damage resulting from any unauthorized use of his/her account.

3.4.      Registration on the Website is free of charge, it being understood that (i) the Customer shall bear the cost of the Internet connection used to access the Website, according to the rates, terms and conditions practiced by its operator, and (ii) the purchase of a product on the Website entails the obligation for the Customer to pay EUROSTEP the amounts due for such product.

3.5.      After registering on the Website, the Customer will receive an email message at the address indicated during registration.

3.6.      The Customer may cancel his/her account at any time by sending an email at the address indicated in article 17. Upon receipt of that communication, every contractual relationship between the Customer and EUROSTEP - except for orders for purchase already sent before the cancellation request - shall be deemed terminated, and the Customer's username and password shall be deleted.

4) Login as a Guest
4.1.      The Customer may also purchase via the Website as a guest, without creating an account on the Website. In that case, the Customer shall (i) correctly fill in the fields of the specific form on the Website, entering all the data requested therein (merely by way of example: first name, surname, billing and delivery addresses, email address), (ii) confirm that he/she has read the Privacy Policy on the Website, and (iii) accept these General Terms and Conditions.

4.2.      After filling in the form, the Customer may select a payment method from those indicated in article 8.1. and electronically submit his or her order for purchase to EUROSTEP.

5) Conclusion of the Purchase Contract
5.1.      The Customer shall select the products and place them in the shopping cart, without prejudice to the possibility of changing or deleting the contents of the cart at any time before placing the order for purchase.

5.2       The Customer sending an order for purchase constitutes acceptance of the offer to the public made by EUROSTEP through the Website and, therefore, the Seller’s receipt of the order finalizes a binding contract of sale for the products selected by the Customer, which shall be fully regulated by the General Terms and Conditions in force at the time of its conclusion (the "Contract").

5.3.      Before confirming the order for purchase, the Customer shall check the order summary to ensure that all data provided are correct. Any data entry errors can be corrected by using the data editing functions on the Website. Once the order has been submitted, it will no longer be possible to make corrections.

5.4.      Once the order for purchase has been sent, EUROSTEP sends the Customer an email confirming receipt of the order, containing the order number and details of the order placed ("Confirmation of Receipt").

5.5.      The Customer shall keep the order number in the Confirmation of Receipt for the purpose of any communication.

6) Product Selection and Availability
6.1.      The Customer may only purchase products in the catalogue published on the Website and available at the time of the Customer's order for purchase. The product catalogue may be updated from time to time, and therefore EUROSTEP provides no guarantee as to the permanence of a product among those available nor as to the availability of all sizes/versions of each product/color in the catalogue.

6.2.      Each product is accompanied by a description of its main features. The images and colors of the products in the descriptions may not faithfully match the real ones, due to the settings of the computer systems or devices used by the Customer to view the Website. Therefore, published images are to be understood as indicative within the limits of normal tolerance.

6.3.      The products on the Website are available while stocks last. However, since the Website may be visited by several Customers at the same time, it is possible that several Customers intend to purchase or purchase the same product at the same time. If, although the chosen product can be selected, it is not available, for the aforementioned reasons, or in other cases of unavailability, Customer Service will promptly notify the Customer by email and EUROSTEP will refund any amounts already paid by the Customer.

7) Product Prices
7.1.      The sale prices indicated on the Website are inclusive of VAT, if applicable according to the country where the products are shipped.

7.2.      The sale prices applicable to the Customer are those published online at the time the order for purchase is placed. These prices may be subject to change without prior notice. It is the Customer's responsibility to check the final price before placing the order for purchase.

7.3.      EUROSTEP reserves the right to apply different shipping costs depending on the destination country of the products.

7.4.      All prices of the products on the Website are net of shipping costs, which - if due - will be communicated during the purchase procedure before the specific order is placed.

8) Payments, Billing, Refunds
8.1.      The payment methods available to the Customer are listed below:

Credit card (Visa, Mastercard, American Express or Maestro).
PayPal;
Bank transfer in advance (only available for the Italian banking system).
8.2.      The payment system only accepts cards of Visa, Mastercard, American Express and Maestro networks (Visa Electron cards not enabled for online payments are excluded).

8.3.      If paying via PayPal, the Customer will be redirected to a page on the PayPal Website where, after entering his/her email address and password, payment will be made. Payment can only be made through a verified PayPal account, which can be accessed on the PayPal Website.

To use Amazon Pay, the Customer must log into his/her Amazon account and have a payment card added to their Wallet.

8.4.      Credit card data are handled directly by banks (Payment Service Providers) specialized in handling online payments. PayPal data are handled directly by PayPal. The information is encrypted using state-of-the-art encryption systems that prevent the use of the information by third parties, and information is not shared with EUROSTEP, but is sent directly to the bank or PayPal.

8.5.      In case of purchase with payment via Credit Card or PayPal, the transaction will be authorized at the time of the order for purchase. EUROSTEP will not accept the order for purchase if the relevant service provider does not authorize payment.

8.6.      EUROSTEP reserves the right to request that the Customer provide additional information (e.g. telephone number) or to send copies of documents proving the ownership of the credit card used, solely for the purpose of the checks necessary for payment by credit card and for further protection and safeguard of the Customer. If the documentation requested is not forthcoming, EUROSTEP reserves the right not to accept the order.

8.7.      In the event of payment by bank transfer in advance (available only for the Italian banking system), the order for purchase will only be accepted and the ordered goods shipped when the amount due is credited to EUROSTEP's bank account.

The Customer shall carry out a bank transfer corresponding to the amount specified in the order confirmation email with the following details:

Account Holder: EUROSTEP COMMERCE SRL.
Via Feltrina Sud 192
31044 Montebelluna (TV) Italy

Destination bank: BANCA SELLA SPA;

IBAN: IT37W0326861820052498613893;

Reason: order number provided in the order confirmation email.

EUROSTEP must receive proof of the transfer, including the transaction reference number (by email to ecommerce.support@coccinelle.com) no later than 3 (three) working days from the date of the email confirming receipt of the order. All costs, including any fees, associated with the bank transfer that may be charged to the Customer by his/her bank shall be borne by the Customer.

8.8.      In the event of cancellation of the order, EUROSTEP will refund to the Customer, as soon as possible, any amounts already paid. Refunds of amounts paid by the Customer to EUROSTEP will be made, by using the same payment method used by the Customer to make the purchase. Refunds will be processed in the time and manner prescribed by the provider of that payment instrument. If the recipient of the order indicated in the order proposal does not match the person who paid the amounts due for their purchase, the reimbursement of the amounts in the event the order is cancelled or the right of withdrawal is exercised, shall in any case be made to the person who made the payment.

8.9.    It should be noted that, according to article 22 of Presidential Decree No. 633 of 26/10/1972 and article 2 (oo) of Presidential Decree No. 696 of 21 December 1996 (as confirmed by Resolution No. 274/E of 5 November 2009), for online sales the Seller is not required to issue an invoice (nor a till receipt or full receipt) to consumer purchasers (i.e. not a VAT holder). However, the Customer may request that EUROSTEP issue a tax invoice, if he/she so wishes, during the purchase procedure. In that case, EUROSTEP shall send the requested invoice to the email address indicated during registration or in the order form. For the purpose of issuing the invoice, the information provided by the Customer at the time of the order shall apply. After the invoice has been issued, it will not be possible to change the data indicated, so the Customer is asked to carefully check the data entered before proceeding with the order. If no invoice is requested during the purchase procedure, it may not be requested or issued retrospectively under any circumstances. If the Customer does not request the issuance of an invoice, EUROSTEP shall nevertheless send - to the email address or address of residence indicated during registration or in the order form - a purchase receipt, without validity for tax purposes, useful only for support or warranty purposes.

9) Shipping and Delivery of Products
9.1.      Products purchased on the Website are delivered to the shipping address indicated by the Customer when registering on the Website or purchasing the product. Products are delivered by contracted couriers to the shipping address indicated by the Customer in the order form.

9.2.      Upon delivery of the products to the courier, the Customer receives a confirmation email with the tracking code, which will allow the Customer to constantly monitor the shipment ("Shipment Confirmation"). The date the products are shipped coincides with the date on which the products are handed over to the carrier for delivery.

9.3.      Delivery times and costs vary depending on the destination country. In any event, delivery times are indicative and not binding on EUROSTEP, subject to the provisions of article 10.

The product shipping costs are borne by the Customer, who is notified of them during the purchase procedure, before the order is placed, except as provided below. EUROSTEP reserves the right to change the charging of shipping costs as regulated above, e.g. by providing for free shipping only for purchases that exceed a certain spending threshold and/or only for certain destination countries and/or only for certain days/periods of the year, highlighting this on the Website and notifying the Customer during the purchase procedure before the order is placed.

For shipments to all non-EU countries, the DAP (Delivered At Place) formula is used, whereby the Customer undertakes as of now to pay, in addition to the total amount of the order, customs charges and any local taxes to the courier or to the competent authorities, in accordance with the legal provisions of the country where the products will be delivered. Therefore, in such cases: (i) the Customer is advised to inquire about local duties and taxes, before placing the order, at the competent bodies of the non-EU country of destination of the products and (ii) in order to ensure that the parcel is cleared through customs, the Customer is required to provide all the necessary information and/or to pay the relevant taxes. If the parcel does not clear customs, it will be returned to our warehouse.

9.4.      Upon delivery of the product(s), the Customer shall check that: (i) the number of packages equals the number on the transport documents and (ii) the packaging is intact and has no signs of damage, tampering or alteration. If the result of this check is negative, the Customer shall immediately make the appropriate complaints to the carrier, either by rejecting the product or by accepting it subject to a written reservation on the transport document. Failing this, once the courier's document has been signed, the Customer may not make any complaints regarding the external characteristics of that delivered. In addition, the Customer shall inform EUROSTEP, by contacting Customer Service in accordance with article 17, no later than 8 (eight) days from the date of delivery of the product, to report any problems with the physical integrity, correspondence or completeness of the products received. The Customer's right to the legal guarantee of conformity set forth in article 13 and the right of withdrawal set forth in article 14 shall remain unaffected.

10) Late Delivery
10.1.    Where the Contract has been concluded and the delivery of the products ordered by the Customer has not taken place within the communicated time limit, the time limit for delivery of the products to the Customer shall be extended by a maximum of 30 (thirty) days from the conclusion of the Contract.

10.2.    Pursuant to article 61 of the Consumer Code, where EUROSTEP does not deliver the products within the period referred to in article 10.1, the Customer may:

withdraw from the Contract in the manner set out in article 14.2. and obtain reimbursement in accordance with article 14.4;
or request that EUROSTEP make delivery within an additional period appropriate to the circumstances.
If the additional period expires without the products having been delivered, the Customer shall be entitled to terminate the Contract, without prejudice to the right to reimbursement of all amounts paid for the performance of the Contract and to compensation for damages, if any.

11) Pick Up of Products
11.1.    In the event of non-delivery of the products due to the Customer's absence or for another reason (wrong address, address not found, etc.), an additional delivery attempt will be made, or the courier will keep the products at its warehouse until they are picked up by the Customer, who shall be informed by means of a notice of attempted delivery. If the products are not picked up within the period indicated in the notice of attempted delivery, they will be returned to EUROSTEP. In this case, the Contract shall be deemed to be terminated by law in accordance with article 1456 of the Italian Civil Code by sending written notice to the Customer by email, and the relevant order for purchase shall be cancelled. Within the following 15 (fifteen) days, EUROSTEP shall reimburse the price paid by the Customer for the products, minus the costs of unsuccessful shipment, the costs of returning the products and any other costs that have been incurred due to the non-delivery of the products as a result of the Customer's absence or inaction in fulfilling its obligation to receive delivery.

11.2.    After the notification referred to in article 11.1., Customers who intend to request delivery of the products previously ordered must necessarily make a new order for purchase.

12) Customer Representations and Warranties
12.1.    The Customer declares and warrants: that he/she legitimately accepts these General Terms and Conditions; that he/she is of legal age; that the personal data and other information communicated to EUROSTEP when registering on the Website or purchasing a product are true, correct and up-to-date; that he/she will use the Website in compliance with any applicable provision of law or regulation, refraining from any form of direct and/or indirect use of the Website that is contrary to the law, these General Terms and Conditions or that infringes the rights of third parties.

EUROSTEP 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 Customer, and, in the event of a breach, to close or suspend the Customer's account.

12.2.    The Customer undertakes to indemnify and hold EUROSTEP harmless against all liabilities, actions, costs, expenses or claims that may arise from the Customer's breach of the representations and warranties set forth in article 12.1., without prejudice in any event to EUROSTEP's right to terminate the Contract with immediate effect in accordance with article 1456 of the Italian Civil Code.

13) Legal Guarantee of Conformity
13.1.    Products sold to the Customer through the Website are covered by the Producer/Supplier's legal guarantee of conformity, provided for in article 128 et seq. of the Consumer Code (“Legal Guarantee"). In order to benefit from the guarantee, the Customer must keep and present the invoice (or the purchase receipt or transport document) that he/she receives with the delivery.

13.2.    The Legal Guarantee may be claimed for any conformity defect existing at the time of delivery of the product. Unless proven otherwise, conformity defects that become apparent within the first 12 (twelve) months from the date of delivery of the product shall be presumed to have already existed on that date, unless such a presumption is incompatible with the nature of the goods or the nature of the conformity defect. The Legal Guarantee has a duration of 2 (two) years from the date of delivery of the product. The Customer is obliged to report the conformity defect by contacting Customer Service in the manner indicated in article 17. This report must contain an accurate and complete description of the defects or faults complained of. In such a case, Customer Services shall acknowledge the Customer's notification and give him/her instructions for shipping the defective product.

13.3.    If, after taking back the product, it is ascertained that the conformity defect complained of really exists, any costs for transport, repair or replacement of the product shall be borne by EUROSTEP. Otherwise, if it is established that the alleged conformity defect does not exist or that the conditions for applicability of the Legal Guarantee are not met, the Legal Guarantee shall not apply and all transport costs as well as the costs related to checking the alleged conformity defect shall be borne by the Customer, who shall be notified thereof.

13.4.    Without prejudice to the provisions of article 13.2. above, the Customer acknowledges and agrees that defects or damage occurring after delivery of the goods, such as, for example, those caused by improper use by the Customer or third parties, are not covered by the Legal Guarantee.

14) Right of Withdrawal
14.1.    Pursuant to article 52 et seq. of the Consumer Code, as amended, the Customer has the right to withdraw from the Contract, without having to give any reason, within 14 (fourteen) days from the date of delivery of the products, or from the day on which the Customer or a third party designated by him/her acquires physical possession of the products. If the Customer has purchased through a single order several products that were delivered on different dates, the period of withdrawal expires after 14 (fourteen) days from the date of delivery of the last product. Withdrawal is not permitted for the types of products for which this is expressly excluded pursuant to article 59 of the Consumer Code, as amended (e.g., for goods made to measure or clearly customized).

14.2.    To exercise the right of withdrawal, in accordance with article 54 of the Consumer Code, the Customer may use one of the following methods, at his or her discretion:

fill in the online return form via the Website, in the section ;
send the Seller at the following address: ecommerce.support@coccinelle.com an explicit declaration of intention to withdraw from the contract.
Following the instructions provided by Customer Service for returning the product
In the email exercising the right of withdrawal or in the return form, the Customer is required to state the order number indicated in the Confirmation of Receipt referred to in article 5.4.

14.3.    Upon receipt of the request for withdrawal, Customer Service will promptly send the Customer by email a confirmation of receipt, as well as the return form to be inserted in the parcel, and instructions on how to return the product.

14.4.    In the event of withdrawal, the Customer shall be refunded all amounts paid to EUROSTEP at the time of purchase, including delivery costs if all products purchased are returned. Only in the case of returns from non-EU countries will customs duties and local taxes be deducted from the amount of the refund, which shall be borne by the Customer, as detailed below.

Reimbursement shall be made without undue delay and, in any event, no later than 14 (fourteen) days from the day on which EUROSTEP was informed of the Customer's decision to withdraw from the Contract. The time required for refund following withdrawal may be longer in the event that any local duties and taxes to be borne by the Customer are to be deducted from the refund, as specified below. Such refunds will be made using the same means of payment used by the Customer for the initial transaction.

The costs for the return of the returned products shall only and exclusively be borne by EUROSTEP if the transport is organized by EUROSTEP, so that the Customer shall owe nothing in this respect in the event of the exercise of the right of withdrawal, with the exception of any customs duties and local taxes for returns from non-EU countries, which shall be borne by the Customer and shall be deducted from the amount of the refund resulting from the return for the convenience of the Customer.

14.5.    The Customer shall return or deliver the products to EUROSTEP without undue delay and in any case within 14 (fourteen) days from the day on which he/she notified EUROSTEP of his or her intention to withdraw from the Contract. The deadline shall be deemed to have been met if the Customer returns the products before expiry of the 14 (fourteen) day period to the following address: COCCINELLE ℅ PVS Services Italia Srl, Strada A di Gainago 2/A, Torrile (PR), Post Code 43056, Località Gainago, Italy. In this case, EUROSTEP may suspend the reimbursement due following the exercise of the right of withdrawal until the products are received or until the Customer proves that he/she has returned the products, whichever is sooner.

14.6.    The Customer shall return the products in intact condition, undamaged, with original labels not removed and in the original packaging. In particular, products returned cannot have been worn, used, washed or altered in any way. The return of products that are incomplete, damaged, used or altered in any way cannot be accepted. The products must be packaged carefully in order to safeguard the original wrappings from damage, writing or labelling. Where products relating to orders that also contain free products are returned, the free products must also be returned.

14.7.    In the event of forfeiture of the right of withdrawal due to expiration of the terms or in the event that the return cannot be accepted because it does not comply with the conditions set forth in article 14.6., EUROSTEP will notify the Customer of this fact. If the product has already been returned, it shall remain at the Customer's disposal at COCCINELLE ℅ PVS Services Italia Srl, Strada A di Gainago 2/A, Torrile (PR), Post Code 43056, Località Gainago, Italy, for collection at the Customer’s own care and expense.

15) Intellectual Property
15.1.    COCCINELLE guarantees the authenticity and high quality of all products offered for sale through the Website. All intellectual property rights (by way of example only, the "Coccinelle" trademarks both denominative and figurative) affixed or relating to the products and their accessories and packaging are and remain the exclusive property of COCCINELLE.

15.2.    The Customer shall not acquire any rights over COCCINELLE's intellectual property by reason or effect of the Contract or these General Terms and Conditions. Total or partial reproduction, modification, alteration and any other use of COCCINELLE's intellectual property rights without COCCINELLE's prior written consent is strictly prohibited.

16) Personal Data Protection
16.1.    The Data Controller of the Customers' personal data is COCCINELLE. EUROSTEP processes Customers' personal data as a data controller, appointed for this purpose pursuant to article 28 of EU Regulation 2016/679. The purposes and methods of processing are specified in the Privacy Disclosure published in the footer of the Website in the 'Privacy' section.

17) Customer Service
17.1.    The Customer Service Department, which the customer can contact for any information, support or complaints, can be reached at the following:

email: ecommerce.support@coccinelle.com
phone: +39 0521 1190061

18) Force Majeure
18.1.    EUROSTEP shall not be liable for any failure or delay in performance of any of its obligations under the Contract and/or these General Terms and Conditions caused by events beyond its reasonable control, such as strikes, lock-outs or other industrial actions, civil uprisings, invasions, terrorist attacks (including threatened terrorist attacks), war (whether declared or not) or threats of war, fires, explosions, storms, floods, earthquakes, subsidence, epidemics, pandemics or other natural disasters, inability to use railways, shipping, aircraft, motor transport or other public or private means of transport, inability to use public or private telecommunications networks, acts, decrees, rules, regulations or restrictions imposed by governments and/or public authorities ("Force Majeure").

18.2.    In the event of Force Majeure, performance by EUROSTEP may be suspended for the duration of the Force Majeure. EUROSTEP undertakes to inform the Customer of the occurrence of a Force Majeure event without undue delay and, in any event, within 7 (seven) days of its occurrence. This is without prejudice, in any case, to the Customer's right of withdrawal under art. 14.

19) Online Dispute Resolution
19.1.    The Customer may avail of the platform established by the European Commission for the settlement of disputes relating to online sales contracts ('ODR platform'). Through the ODR Platform, the Customer and EUROSTEP can resolve disputes relating to purchases made online with the assistance of an impartial body. The ODR Platform can be accessed at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home.show

20) Applicable Law and Jurisdiction
20.1.    These General Terms and Conditions are entirely governed by Italian law. The conflict of laws rules and in any case the rules of private international law as well as the United Nations Convention on Contracts for the International Sale of Goods (CISG) adopted in Vienna on 11 April 1980 are excluded.

The mandatory provisions of the law of the country in which the Customer has his/her habitual residence remain unaffected.

20.2.    Any dispute that may arise between the parties in connection with the validity, interpretation, execution and termination of these General Terms and Conditions or of each Contract - should the Customer wish to bring the matter before the ordinary Judicial Authorities - shall fall under the exclusive jurisdiction, at the Customer’s discretion, of the Court of Treviso (ITALY) or of the Court of the consumer's country of residence or domicile, if the latter country is an EU Member State. The Seller shall submit any dispute arising under these General Terms and Conditions to the competent Court of the country where the Customer habitually resides, if it is an EU Member State. Otherwise, the dispute shall be submitted to the Court of Treviso (ITALY).

 

Last update: October 2024