TERMS & CONDITIONS

Introduction

These terms and conditions (together with the information and policies contained in the "Customer Service" pages on the website and any other documents referred in these terms and conditions) (Terms and Conditions) set out the legal terms that apply to your use of the website http://www.moonboot.com (Website or Site), the purchase of the products marketed by Tecnica Group S.p.A. (company number 78175, VAT number 00195810262) whose registered office is at Giavera del Montello (Treviso), Via Fante d’Italia, 56 (“Tecnica Group S.p.A.”, we, us and our).

Your purchase of any of the products offered on the Site (Products) is subject to these terms and conditions and by placing an order for any Product you agree to be bound by them. You should print a copy of these terms and conditions for future reference. Use of your personal information submitted to or via the Site is governed by our Privacy and Cookies Policy.

We reserve the right to change these terms and conditions from time to time by changing them on the Site, although no such change will affect any order you have already placed with us.

Access to the Site

It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Site and is compatible with the Site.

We may, from time to time, restrict access to certain features, parts or content of the Site, or the entire Site, to users who have registered with us. You must ensure that any registration details you provide are accurate. If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use or other security breach of which you become aware. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions or if any details you provide for the purposes of registering as a user prove to be false.

Operation of Website and Services and Product  

Operation of Website and delivery of Services

The Website is owned by Tecnica Group S.p.A. Tecnica Group S.p.A. reserves the right to subcontract the management of certain services to third-party companies to allow the consumer an enjoyable shopping experience. such services include, but are not limited to, payment processing, customer service, and delivery service.

Products

The Products are owned and sold on the Website by Tecnica Group S.p.A..  Tecnica Group S.p.A. attempts to be as accurate as possible in the description of the Products. However, we cannot guarantee that any descriptions are totally accurate, complete, reliable or error-free. The images of the Products on the Website are for illustrative purposes only. Although we attempt to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the Products.

Tecnica Group S.p.A. offers the Products through the Website solely to “Consumers”, who, with regard to the purchase of Products, acts for purposes unrelated to any business, commercial, professional or craft activities interests that he/she may have.

 You agree that you will not use the Products for any commercial, business or re-sale purposes. Tecnica Group S.p.A. reserves the right not to fulfil orders made by entities different from the Consumers. Tecnica Group S.p.A. has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

As a Consumer, you have legal rights in relation to Products that are faulty or not as described.
 

Ordering and availability

The following procedure has been established for purchases on the Website.

The user must access the Website that displays the Products that are available through that channel, with the following information:

a)         a summary of our commercial and contractual conditions of sale;

b)         address and how to contact Tecnica Group S.p.A.

c)         a summary of the main characteristics of each Product ordered and its unit price (including all applicable fees and taxes);

d)         the type of payment you may use to purchase each Product;

e)         shipping methods for the purchased Products, shipping and delivery costs,'s information;

f)          the delivery date of the Products;

g)         information for contacting our after-sales service;

h)         if relevant to the purchase, you will also be informed of whether you will have to bear the cost of returning the Products;

i)          a reminder about the legal guarantee of product conformity;

Products may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the "Pay Now" button on the checkout page.

After placing an order, you will receive an email from us acknowledging that we have received your order and giving you an order reference number. Please note that this does not mean that your order has been accepted. All orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept any order. You do, however, acknowledge that by clicking on the "Confirm your order" button, you enter into an obligation to pay for the Product(s). Where we accept your order, we will confirm such acceptance to you by sending you an email containing a reference to these Terms and Conditions, the order number, the shipping and billing data, the list of ordered Products with their essential characteristics and the total price, including delivery charges and that confirms that the Product has been despatched (Despatch Confirmation). Your email address will be processed in accordance with our Privacy Policy.  The contract between you and us in relation to the Product(s) ordered (Contract) will only be formed when we send you the Despatch Confirmation. After entering into the Contract, we will be under a legal duty to supply you with goods that are in conformity with the Contract.

 

The Contract will relate only to the Product(s) whose despatch we have confirmed in the Despatch Confirmation. We will not be obliged to supply any other Product(s) which may have been part of your order until the despatch of such Product(s) has been confirmed in a separate Despatch Confirmation.

Pre-orders

Whether permitted by the Sits, by selecting to pre-order a Product you will be placed on a priority waiting list. Payment for pre-orders is taken at the time of the pre-order and will be subject to our usual fraud checks. All pre-order Products have an estimated shipping date, which indicates the date that the Products will ship out from the warehouse. In the event of a delay to the estimated shipping date, or cancellation of the pre-order by the brand, you shall be entitled to a full refund. The brand shall have no additional liability in respect of such delay or cancellation. Where an order includes both available and pre-ordered Products, the available Products will be delivered first. Once you have received your pre-order Product, our standard return policy shall apply.

All your payment details, such as the credit card or debit card number and other related information, that we need to receive in order to run our usual fraud checks, will be processed in accordance with our Privacy Policy.  

Delivery

Your order will be fulfilled by the delivery date set out in the Despatch Confirmation or, if no delivery date is specified, then within 30 days after the date of the Despatch Confirmation, unless there are exceptional circumstances.

Your order will be delivered to the delivery address you specify when placing your order.

If your delivery address is geographically remote, for example certain outlying islands or other isolated locations, it is possible that we may not be able to deliver there. If that is the case, we will notify you before we accept your order. We reserve the right not to deliver to any country that is prohibited by applicable export laws. Orders cannot be delivered to PO Box or similar addresses.

Products comprised within the same order cannot be delivered to different addresses.

Deliveries are made by our trusted courier and take place on Monday to Saturday, excluding bank and public holidays, usually within the hours of 8am and 5pm. It is not possible to specify a precise time at which a delivery will take place. Please note that the courier may require deliveries to be signed for.

If you order Product(s) for international delivery, they may be opened and inspected by customs authorities and may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. In the event that you return an item, the import duties will be refunded if they were originally included in the purchase price. If they were not included then you will responsible for reclaiming duty directly from your local customs office.

Please also note that you must comply with all applicable laws and regulations of the country for which the Product(s) are destined. We will not be liable for any breach by you of any such laws

Risk and ownership

The Product(s) ordered will be at your risk from the time of delivery or collection (as the case may be). Ownership of the Product(s) ordered will also pass to you on delivery or collection (as the case may be), provided full payment of all sums due in respect of the Product(s), including any delivery charges, has been received.

In certain circumstances our delivery partner may provide you with optional services when delivering your order, such as: (a) signature release: opting out of the requirement to provide a signature on delivery; (b) leave with neighbour, reception or security: re-directing the delivery to a neighbour, reception or security; (c) reschedule a new delivery date: selecting a delivery date that best suits you; and/or (d) re-directing to a collection point: collecting your order from a collection point nearby. By selecting any of these services, including through any default preferences you may have selected with our delivery partner separately, you acknowledge and agree that Tecnica Group S.p.A. shall bear no responsibility or liability for any loss or damage that may result from delivering your order in that way.  

Price and payment

The price of Products is as quoted on the Site from time to time.

 

Prices include VAT but exclude delivery costs, which will be automatically added (at the cost shown) to the total amount due when you view the items in your shopping basket, and have selected your chosen different delivery method.

Prices and delivery costs are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Despatch Confirmation.

The price of the Products will be as indicated on our Website at all times, except in the case of obvious error. Although we make every effort to ensure that all prices listed on the Website are correct, the Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Site may be incorrectly priced. We will normally verify prices as part of our despatch procedures so that, where a Product's correct price is less than our stated price, we will charge you the lower amount. However we are not obligated to provide you the Product(s) at an incorrect lower price (even if we have sent you the Despach Confirmation) if the error in the price is obvious and unmistakable and could reasonably be recognised by you as an incorrect price. If a Product’s correct price is higher than the price stated on the Site, we will normally, at our discretion, either contact you for instructions before despatching the Product, or reject your order and notify you of such rejection.

Payment for all orders must be made by credit or debit card on the checkout page. We accept payment by most major credit and debit cards.

All your payment details, such as the credit card or debit card number and other related information will be processed in accordance with our Privacy Policy.  

You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. We also carry out a standard pre-authorisation check on your payment card, and Products will not be despatched until this pre-authorisation check has been completed. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.

From time to time we may run promotions where we issue discount codes. These can be used in part-payment of the price of Product(s) ordered online, subject to the terms and conditions under which they were issued (as indicated in our relevant promotion from which you got the code). Discount codes can only be used once, and only during the period of validity stated and only in respect of the relevant Product(s) stated. Discount codes cannot be redeemed for cash.

Returns policy

Returned Products must conform to our return policy below (hereinafter the “Return Policy”).

You have a legal obligation to take reasonable care of the products while they are in your possession, and you must return them in the same condition in which you receive them (except to the extent reasonably necessary to examine them). This includes the following guidelines:

• Products should be returned unworn (other than to try them on), unwashed, undamaged and unused with their original tags;
• footwear and accessories should be returned in the original boxes provided and inside a protective shipping box;
• if the Product comes with a security tag this should be left on;

If you fail to comply with the above obligations (including the conditions of return), we may deduct from the refund an amount to reflect the diminished value of the Product(s) up to the full price of the Product(s).

You cannot cancel a contract for the supply of any Products that have been personalised or made to your own bespoke specifications unless such Products were damaged or faulty when delivered to you or have been incorrectly delivered (see Returns and refunds for customised Products below for more information).

Returns and refunds for customised Products

Due to the nature of personalised and monogrammed Products, returns, changes or cancellations are at our discretion. In exercising this discretion, we will have regard to the level of customisation and personalisation and also reserve the right to offer a store credit rather than a monetary refund. Store credit is valid for 6 months from the date of issue. This does not affect your statutory rights. Please note, that personalised and/or customised Products may have a long lead in time before shipping, but payment will be taken at the time of or shortly after you submit your order and in advance of shipping.

 

Returns Process

We recommend that you return Products in their original packaging to ensure the necessary protection when in transit. Instructions for the return of the Product(s) will be included with the delivery package.

You can withdraw from the Contract for any reason and without incurring any penalty within  14 (fourteen) calendar days following the day on which you, or a third party other than the carrier, acquired the material possession of the items, or, if the items that made up your order were delivered separately, within  14 (fourteen) calendar days following the day on which you, or a third party other than the carrier, acquired the material possession of the last of these items.

To cancel a Contract, you must clearly inform us, preferably:

• by email at customercare@moonboot.com, giving us your name, address and order reference; or
• by completing and returning the cancellation form and sending it to the address set out in the form.

If you cancel an order (or part of an order) during the cooling off period, you must return the Product(s) within 14 calendar days after the day on which you notify us of the cancellation and comply with this the Return Policy. Once you have exercised your right to withdraw from the Contract, you must send the Products back to Tecnica Group S.p.A. within fourteen 14 days of the date you notified Tecnica Group S.p.A. of your decision to withdraw.

After Tecnica Group S.p.A. has received your return and checked that all requirements have been met, you will receive an email confirming acceptance of the return and the refund procedure will be activated. We will process the refund due to you as soon as possible and, in any case within 14 days from when Tecnica Group S.p.A. was informed of your decision to exercise your right to return the purchased Products and once Tecnica Group S.p.A. has checked that the return was carried out in compliance with the Return Policy.

We will refund the price of the Product(s) in full (subject to any deduction we are entitled to make due to your use of or damage to the Product(s)) excluding the cost of shipping.

Products can be returned by mail or courier. In the event that you use a courier other than the one suggested and specified in the form that will be provided to you once you have made your return request, you must pay all direct costs incurred in returning the Product(s). Under no circumstances can we accept returns sent with unpaid postage. We will not accept any liability for the loss, delay or shipping to the wrong address of any Products you wish to return to us. Likewise, you will be responsible for proving that the Products were returned. We therefore recommend you always send them via a system that certifies delivery. For the purposes of complying with the returns period, the Products will be considered to have been sent at the time they are delivered to the post office, or courier.

In the event of returning Products by post or courier, please send the Products to the following address: Via Fante d’Italia 56; Giavera del Montello (TV, Italy).

We will refund any money received from you using the same method originally used by you to pay for your purchase, unless agreed otherwise.

What happens next?

You will need to access the link: https://www.moonboot.com/guest/return-order and follow the return procedure, after which you will be provided with:

- an RMA document to place inside your package; and

- an AWB document to attach to the outside of your package. Keep a copy of the air waybill. You will be able to use it to track your return shipment.

Then you will need to go to one of the pick up points listed on the AWB document to send your package back to us free of charge.

If you were provided a return invoice for customs, place one inside the package and attach a signed copy to the outside along with the air waybill.

For any inquiries, please contact us by e-mail at customercare@moonboot.com. All personal information requested for the return process will be handled in accordance with our privacy policy.

Faulty Products

All Products sold on the Website are covered by a 2 (two) year legal conformity warranty, without prejudice to any mandatory rule of law, if and where applicable, which provides for a longer legal conformity warranty. Tecnica Group S.p.A. is liable towards you in respect of any defect in the Products existing at the time of delivery, which manifests within two years of the delivery date.

In order to benefit from the above guarantee, you must report the conformity defect to Tecnica Group S.p.A. within two months from discovery, failing which the complaint will be invalid. If you believe a Product was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible, preferably in writing, giving your name, address and order reference and specifying the nature of conformity defect.

 In the event of problems with the packaging, you must notify the courier service as soon as you receive the order.

We will examine the returned Product carefully.

If any Product you order is damaged or faulty when delivered to you or has developed a fault, you have the right to the free repair or replacement of the Product, at your discretion, unless the requested remedy is objectively impossible or excessively onerous compared to the other solution. The Product will be repaired or replaced as soon as possible and, in any case, within a reasonable period of time.

You are entitled to either require Tecnica Group S.p.A. to made an appropriate reduction in the price or to terminate  the Contract only if the repair or replacement is impossible or excessively onerous or if the repair or replacement does not take place within an appropriate period or if the repair or replacement has caused considerable inconvenience to you.

In the event of termination of the Contract, the amounts paid for Products returned due to flaws or defects, when they actually do exist, will be reimbursed in full, including any delivery charges paid to send the Product to you and the costs to you to return it to us. The refund will be made using the same method as that of payment.

All rights recognised by the applicable legislation are reserved.

 Nothing in this section affects your legal rights.

Purchase limits

For security reasons, you cannot place orders in excess of €3.000 nor containing over 30 items within 15 days. If you are interested in making purchases in excess of that amount or quantity, please contact our customer support service via our contact form.

Product information

Whilst we have taken reasonable steps to depict Products as accurately as possible through the photographs and other images featured on the Site, the detailing (such as colour, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Product when you receive it.

Any information on the Site regarding sizing of Products is included as a guide only. If you are in any doubt as to the size of any Product you require, we recommend that you contact us prior to placing an order (see Contacting us).

What you are allowed to do

You may only use the Site for non-commercial use and only in accordance with these terms and conditions. You may retrieve and display content from the Site on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Site and, where they apply, will be displayed on-screen or accessible via a link.

What you are not allowed to do

Except to the extent expressly set out in these terms and conditions, you are not allowed to:

• 'scrape' content or store content of the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the Site;

• remove or change any content of the Site or attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted; or 

• create links to the Site from any other website, without our prior written consent. We reserves the right to block electronic links that redirect to the Website without previous and  express authorisation of Tecnica Group S.p.A..

You must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.

All rights granted to you under these terms and conditions will terminate immediately in the event that you are in breach of any of them.

Intellectual property rights

You acknowledge and accept that Tecnica Group S.p.A. is the exclusive owner of the trademark “Moonboot” (hereinafter the “Trademark”) as well as all other intellectual and/or industrial interests, rights and titles of any kind, now or hereafter owned by Tecnica Group S.p.A., registered and not registered, whether or not copyrightable or patentable, including, without limitation, the Trademark as well as any confidential information, business secrets, inventions, patents, utility models, trademarks of any type, copyrights, designs, packages, labels, concepts, shapes, patterns, drawings, models, samples, sketches, drafts, creations, moods, trade names, brands and distinctive signs (including distinctive logos, decorations and materials in which those elements are represented), trade dress, prints, advertising and other promotional materials, computer software and related rights, Internet domains and/or accounts, industrial projects, plans, results of studies, processes, schemes, technologies, formulas, performance data, flowcharts, instructions, manuals, registers and procedures, as well as any other intellectual or industrial property rights, which are related to, arising from, inherent to, and/or used in conjunction with any of the Trademark, the Products and/or Tecnica Group S.p.A. in general, and/or that Tecnica Group S.p.A. however holds and/or uses in its businesses (hereinafter the “IP Rights”), as well as any update, modification, development, implementation, consolidation, registration, renewal, extension, rights to claim priority and/or file of any of the IP Rights referred to hereinabove.

All intellectual property rights in any content of the Site (including text, graphics, photographs and other images, videos, sound, trademarks and logos) are owned by Tecnica Group S.p.A. or its licensors, if any. Except as expressly set out here, nothing in these terms and conditions gives you any rights in respect of any IP Rights and/or any further intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Site. In the event you print off, copy or store pages from the Site (only as permitted by these terms and conditions), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.

Any alteration to the content or structure of the Website by you is strictly prohibited.
 

Tecnica Group S.p.A. reserves the right to take any pertinent legal actions against users who violate or infringe the intellectual and/or industrial property rights.
 

Content

We may change the format and content of the Site from time to time. You agree that your use of the Site is on an 'as is' and 'as available' basis and at your sole risk.

Whilst we try to make sure that all information contained on the Site (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.

We make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Site and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Site or relying on any of its content.

We cannot and do not guarantee that any content of the Site will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.

External links

The Site may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.

Each of these third party services has its own privacy and cookies policies and we do not control their processing of your personal data and cookies. We encourage you to visit the websites and related policies of such third parties.

Our liability

Nothing in these terms and conditions shall limit or exclude our liability to you:

• for death or personal injury caused by our negligence;
• for fraudulent misrepresentation;
• for breach of any term implied by Applicable Law and which, by Applicable Law, may not be limited or excluded; or
• for any other liability that, by law, may not be limited or excluded.

Subject to this, in no event shall we be liable to you for financial   losses or losses of goodwill or reputation  suffered or incurred by you as a result or in connection with the  Contract .

Tecnica Group S.p.A. is not responsible towards you for the non-fulfilment of its contractual obligations, for delays and / or for the violation of these Terms and Conditions, nor is it required to compensate the damages when and to the extent that such failure, delay or violation is caused or arising from causes of force majeure (such as, by way of example but not limited to, floods, fires, earthquakes, explosions, governmental actions, war, invasion or hostility - whether the war is declared or not - threats or terrorist acts, riots or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-out, strikes or other labour disputes - which concern or not our workforce -, or restrictions or delays affecting the carriers or incapacity or delay in obtaining supplies of adequate materials, material degradation, telecommunications interruptions or power outages), that is to say from events independent of their will that overstep the limits of predictability and control reasonably attributable to Tecnica Group S.p.A., including commercial sanctions or restrictions.

General

You may not transfer or assign any or all of your rights or obligations under any Contract.

All notices given by you to us must be given in writing to the address set out at the end of these terms and conditions. We may give notice to you at either the email or postal address you provide to us when placing an order. Your email address will be processed in accordance with our Privacy Policy.

If we fail to enforce any of our rights, that does not result in a waiver of that right.

If any provision of these terms and conditions is found to be unenforceable, all other provisions shall remain unaffected.

These terms and conditions may not be varied except with our express written consent.

These terms and conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract.  

Governing Law

Without prejudice to any mandatory rule of law, if and where applicable, these terms and conditions shall be governed by Italian law, and in particular by Italian legislative decree no. 206 of 6 September 2005 on distance contracts and by Italian legislative decree no. 70 of 9 April 2003 on certain aspects related to e-commerce (hereinafter referred to as “Applicable Law”).

Processing of your personal data under these terms and conditions shall be governed by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) and the Italian legislative decree no. 196 of 30 June 2003 (Italian Data Protection Code).

Alternative dispute resolution.

Alternative dispute resolution is a process by which an independent body examines the reasons for a dispute and tries to resolve it, without having to go ahead with a court. Please note that the European Commission provides a platform for alternative extra-judicial resolution of disputes, available on the website: http://ec.europa.eu/consumers/odr/

Contacting us

Please submit any questions you have about these terms and conditions or an order you have placed or ordering in general by email to at customercare@mail.moonboot.com

Cancellation Form

To Tecnica Group S.p.A.

Via Fante d’Italia 56, 31040 Giavera del Montello (TV), Italy

at customercare@mail.moonboot.com

I/We* hereby give notice that I/we* cancel my/our* contract of sale of the following goods* / for the supply of the following service*:

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Ordered on* / received on*: ………………………………..

Names of consumer(s): …………………………………….

Address of consumer(s): …………………………………..

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Signature of consumer(s) (only if this form is notified on paper): …………………………………

Date: …………………………………

*Delete as appropriate