Terms & Conditions
We make every effort to ensure that our Terms and Conditions of Business are as easy to understand as possible. However, if you should have any queries concerning the Conditions, please do not hesitate to contact us.
The object of the STALENA brand is trade in Italian shoes, clothing and life-style accessories of all kinds. When you purchase a product from STALENA, the following Terms and Conditions of Business come into force between you, the customer and STALENA, the seller. By placing an order, you agree to these conditions. If you have queries concerning our General Terms and Conditions of Business, please contact us before the completion of your order at the following e-mail address: email@example.com.
1.1. Our free delivery conditions are valid only for deliveries to the United States. For deliveries to other countries special conditions apply. For information on this, please see Point 6 under the heading, Deliveries outside United States. We reserve the right to refrain from accepting orders.
1.2. Business is conducted and deliveries are carried out strictly in accordance with the current GTC. General Terms and Conditions of business which contradict or deviate from the following conditions shall not apply.
1.3. Insofar as these Terms and Conditions of Business refer to consumers, these are deemed to be natural persons, who have not ordered the goods in pursuance of its commercial, independent or free-lance activity. However, in the case of dual purpose contracts, where the contract is concluded for purposes partly within and partly outside the person’s trade and the trade purpose is so limited as not to be predominant in the overall context of the contract, that person should also be considered as a consumer. Traders are natural or legal persons or business partnerships with legal capacity, who order goods for commercial, independent or free-lance purposes. Customers within the meaning of these Terms and Conditions of Business include both consumers and traders.
1.4. where working days are quoted as deadlines, this means all the days of the week with the exception of Saturdays, Sundays and statutory public holidays.
2. Storage possibilities and reference to the text of the contract.
2.1. You may review these General business Terms and Conditions with the contractual conditions included in them on our shop site, http://www.stalena.com. You can print out or save this document by using the customary functions of your Internet services program.
2.2. In addition, you can simply save the details of your order by either saving the data summarized on the last pages of the order process in the Internet shop with the aid of your browser functions or by waiting for the automatic confirmation of receipt of order and of contract (“Confirmation e-mail”), which we will send on the completion of your order to the e-mail address you have provided. This Confirmation e-mail will once again contain the details of your order and these GTC and is easy to print out or to save using your e-mail program.
2.3. Your order data will be stored by us, but for reasons of security you will not be able to call them up directly. For each customer we offer a password-protected direct access (“My User Account”). Here you can administer and save relevant data concerning your completed, open and recently transmitted orders and your address data, bank details, if you have given them, and an optional newsletter. The customer shall be obliged to treat personal access date in confidence and to refrain from making them accessible by third parties.
3. Contractual partner, language and conclusion of contract
3.1. Your contractual partner is Stalena, 1020 North Union Street, Unit 3, Wilmington, DE 19805, USA, Tel: 800.763.4159.
3.2. Contracts in our Internet shop may currently be concluded solely in the English language.
3.3. Unless it has been agreed or announced to the contrary, our promotional offers shall be subject to confirmation.
3.4. By clicking the “submit order” button, you are sending us a binding offer to purchase the goods contained in the shopping cart. The confirmation of receipt of the order shall follow immediately after the order has been sent. This offer to purchase shall be accepted by a confirmation e-mail (“Confirmation of order”).
3.5. Under reserve of his already existing right of revocation in consumer orders the customer is bound to his order for at least five days.
3.6. The representation of the products in the online shop does not constitute a legally binding offer, but illustrates a non-binding online catalogue. By clicking the “submit order” button you are sending a binding order for the goods contained in the shopping cart. The Confirmation e-mail shall follow immediately on the transmission of the order.
3.7. For purchases from the online shop at https://www.stalena.com the following provisions also apply: Please note that goods ordered in advance (reservation) shall not be delivered until the total payment amount has been credited to our account. If, despite being in default of payment even after receipt of a payment reminder (which is usually sent 14 days after the dispatch of the Confirmation e-mail), you have not made payment within three weeks of the dispatch of the Confirmation e-mail, we shall be entitled to withdraw from the contract with the consequence that your order becomes invalid and we shall not be obliged to supply the goods. In this case the order is deemed to have been fulfilled on both sides without further consequences. Therefore it is possible to reserve goods only for a maximum of three weeks.
4. User account
4.1. It shall be your responsibility to supply the details required for the registration of your personal data truthfully and completely. You shall be obliged to treat the personal data in confidence and to refrain from making them available to any unauthorized third party. Registration is confirmed immediately after you have sent off the registration by clicking the “Register” button.
4.2. You are solely responsible for contents, which you enter in domains which are accessible for this purpose (e.g. in blogs). These must not infringe the rights of third parties. There exists no entitlement to storage or publication of content, such as, for example product evaluations, which you have entered.
4.3. You must abstain from any disruption of the web pages and from any use of the accessible data which goes beyond the intended use on the internal platform. Manipulations with the aim of procuring unauthorized payments or other advantages to our disadvantage can lead to legal consequences and in particular to being barred from access to the site.
4.4. At any one time each customer is entitled to hold only one customer account. We reserve the right to delete multiple registrations and to caution or to give notice of termination of contract to members, who breach the conditions detailed in Points 4.1 to 4.3 or to delete or modify contents (Virtual House Regulations)
4.5. We are not obliged to accept the registration of the order of a registered customer. We are not obliged to make our offer permanently available. Orders which have already been confirmed shall remain unaffected by this provision.
5. Prices and shipping costs
5.1. For purchases on https://www.stalena.com the following shall apply: For orders in our Internet shop the prices listed in the offer at the time of ordering shall apply.
5.2. Free shipping on orders above $250 USD in the United States only. For orders below this amount, we charge shipping fees. Shipping fees include postage, packing & insurance. All returns and a one-off exchange of goods ordered shall be postage paid.
6. Shipping costs outside United States
Free shipping on orders above $250 USD within United States. For orders under $250 USD, shipping is a flat rate of $25.00 within the United States. Irrespective of the order value we charge a flat rate of $39 USD E for international deliveries.
International buyers: Import duties, taxes and charges (typically collected upon delivery or pickup) are the buyer’s responsibility and are not included in the item price or shipping charges. Please check with your country’s customs office prior to bidding/buying to determine what these additional costs will be
7. Payment, delivery
7.1. For purchases on https://www.stalena.com/ we offer the following methods of payment: PayPal or Bank Wire Transfer. We reserve the right in every order not to offer specific methods of payment and to refer to other methods of payment. You shall agree to receive invoices and credits exclusively in electronic form.
7.2. Where goods are paid for by credit card, your credit card will be debited when the order is dispatched. In payment in advance the payment shall become due on receipt by the customer of the order confirmation.
7.3. When buying on account, the due date for payment shall be the date of receipt of the delivery by the customer. If the payment does not reach us within 14 days of the due date for payment, the customer shall be deemed to be in arrears of payment.
7.4. We use USPS International Priority Mail on all orders outside of the United States.
7.5. We deliver goods, which are designated in the online shop on https://www.stalena.com/ as “available for delivery”, immediately after receipt of the order.
7.6. We shall not accept procurement risks, nor shall we enter into a sales contract concerning unascertained goods. We are obliged to deliver solely from our stock of goods on hand and to deliver goods ordered by us from our suppliers.
7.7 Our obligation to deliver shall cease to apply, where we ourselves, despite having concluded a congruent hedging transaction in due form, have received incorrect and untimely delivery and we are not responsible for the lack of availability, and where we have notified the customer without delay and have not accepted a procurement risk. In the event of non-availability of the goods we shall reimburse any pre-payment without delay.
7.8. In the event that the delivery period is adversely affected by circumstances caused by force majeure it shall be extended by a commensurate period. Force majeure includes strikes, lock-outs, administrative intervention, scarcity of energy and raw materials, transport bottlenecks and operational hindrances, for which we are not responsible, for example due to fire, water and machine damage and all other hindrances, which, if considered objectively, have not been caused by us. The start and end of hindrances of this type shall be notified to the customer without delay. If the hindrance in providing the service in the foregoing cases exists for longer than 4 weeks, the customer shall be entitled to withdraw from the contract. Further claims, in particular, claims for damages shall be deemed not to exist in this case.
7.9. In the case of sale by delivery to a place other than the place of performance the risk of accidental destruction and accidental deterioration of the goods purchased shall pass to the consumer on the surrender of the goods to the consumer or to a recipient specified by him. This shall apply, irrespective of whether the goods were insured on dispatch or not. Otherwise the risk of accidental destruction and accidental deterioration of the goods shall pass on surrender to the consumer and, in the case of sale by delivery to a place other than the place of performance, on the delivery of the goods to the shipper or the person or organization otherwise designated to perform the dispatch.
8. Payment on receipt with Paypal
In order to process the payment once the order has been placed, PayPal requires some information, such as your name or address. This data obtained by the seller or PayPal is collected from you in a special online form. Basically, the customer data that is passed on to Paypal corresponds to the data that you submitted during order process with the merchant.
8.3. Transfer of data to third parties
PayPal sends your information to credit reporting agencies to obtain a credit report to assess the risk of liability..
9. Supply of “configured” products / Variations in shades of leather
Our hand finished (“configured”) shoes are usually delivered within approximately 7 – 9 weeks. However, the delivery period cannot be guaranteed. Increased demand, problems in procuring materials or other unforeseeable events can delay delivery in certain cases. We do everything in our power to honor deadlines.
Since leather is a natural product and tanning is an individual process, which varies from skin to skin, we draw your attention to the fact that the “configured” shoe is not always of the same color as that which is delivered to the customer. Slight variations in color can arise in this process. We undertake to do all in our power in this case to avoid variations.
10. Right of withdrawal for consumer; Model withdrawal form
As a consumer you have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods, or in the case of a contract relating to multiple goods ordered by the consumer in one order and delivered separately, on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right of withdrawal, you must inform us
Stalena 1020 North Union Street, Unit 3 Wilmington, DE 19805
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail).
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
11. Unless you have advised us of other bank account details, the refund is always paid into the bank account used by you to make payment.
Once you have notified us by e-mail to firstname.lastname@example.org, that you wish to return the goods, we shall send you by e-mail a return voucher, which you may use to return the goods to us free of cost. Of course, you may also send the goods directly back to us without using the return voucher.
Steps in the returns process:
a. e-mail to email@example.com, requesting the carriage-paid return voucher.
b. Print out the carriage-paid return voucher and affix it to the parcel;
c. Send the parcel back to us.
If you experience problems in downloading the return label or you do not have a printer, please contact our Customer Services. If you require a new return label, we should be grateful if you would request this via e-mail; firstname.lastname@example.org
Please help us to avoid unnecessary costs and do not return the goods to us without postage being paid.
13. Retention of title
The goods shall remain our property until full payment has been made.
14. Voucher conditions
14.1. Vouchers are valid for the period stated and can be redeemed only once in the course of an order transaction.
14.2. The credit on a voucher cannot be transferred to a third party.
14.3. The value of the goods must be at least equivalent to the voucher amount. For administrative reasons it is not possible to reimburse any credit balance remaining on the voucher.
14.4. The credit on a voucher shall not yield interest; neither shall it be exchanged for cash.
14.5. You may not use more than one voucher in any given transaction.
14.6. If the credit on a voucher is not sufficient to pay for the order, the difference can be settled by the payment methods offered above.
14.7. The voucher shall not be reimbursed, if goods have been returned in whole or in part. Insofar as the voucher has been issued as part of a promotion no consideration will be provided for it.
14.8. Gift vouchers and credit can be redeemed only before the completion of the order process. Gift vouchers and credit cannot be redeemed subsequent to a transaction.
15. Warranty and complaints management
15.1. The statutory warranty regulations are valid for “standard” products.
15.2. If the dimensions or the design of the “configured” products are not in conformity with the order, we shall offer you a new component or you shall receive a credit in the form of a voucher on your customer account.
15.3. Your satisfaction as a customer is our highest priority. You can contact us at any time by e-mail to email@example.com or by post to the address given below. We shall make every effort to examine your request as rapidly as possible and for this purpose shall contact you on receipt of the documents or your request or complaint. However, please be patient, since in warranty issues it is often necessary to consult the manufacturers. It will help us greatly, if you have a complaint, if you can describe the nature of the problem as accurately as possible and, where appropriate, send us copies of the order documents or at least the order number, customer number etc. If you have received no reply from us within 5 working days, please contact us again. Occasionally e-mails remain in spam filters in our system or in yours or a message sent by another means has not reached you or has inadvertently been overlooked.
Stalena 1020 North Union Street, Unit 3 Wilmington, DE 19805
16. Customer account credit
You are not entitled to cash redemption for any credit on your customer account and credit on your account it must not be transferred to third parties.
17. Applicable law, Court of jurisdiction
16.1. The applicable law for all legal transactions or other legal relationships with us is the law of the Delaware, United States.
17.2. In commercial transactions with traders and with legal entities under public law our registered office shall be agreed as the Court of jurisdiction for all disputes concerning these Terms and Conditions of Business and individual contracts concluded within their scope, including legal actions brought concerning bills of exchange and checks. In this case we shall also be entitled to bring an action at the business domicile of the customer.
18. Amendments to the General Terms and Conditions of Business
We shall be entitled to amend these General Terms and Conditions of Business unilaterally insofar as they have been introduced into the contractual relationship with the customer, insofar as this is required to remove subsequently emergent disruptions of the equivalence mandate or to adapt to a changing legal or technical environment We shall notify customers of any amendments by sending them the full contents of the amended provisions. The amendment shall become a component of the contract, unless, within 6 weeks of the receipt of the notification of amendment, the customer communicates to us in written or textual form his objection to the inclusion of the amendment into the contractual relationship.
19. Severability clause
In the event that for reasons other than the provisions governing GTS a present or future provision of the contract is or becomes void/nugatory in whole or in part, this shall not affect the validity of the remaining provisions of this contract, unless, having regard to the subsequent provision, the performance of the contract would constitute unreasonable hardship for either party. The same shall apply, where an omission, which needs to be supplemented, becomes apparent after the contract has been concluded. The parties shall replace the void/nugatory/unfeasible provision or omission to be supplemented with a valid provision, which in its legal and commercial content comes closest in law to the void/nugatory/unfeasible provision and the overall purpose of the contract.
Dated: August 2014
Yours faithfully, Stalena
The foregoing General Terms and Conditions of Business constitute intellectual property protected under copyright law. Any use by third parties – including the use of extracts – for the commercial purposes of the offer of goods and/or services – is not permitted. Infringements will be prosecuted.