General terms and conditions of the Online Sneakers Maker service

1. Scope

1.1. These terms and conditions (“General Terms and Conditions”) apply to the Online Sneakers Maker service (the “Service”) which enables the user to customize the Product purchased through the website www.goldengoose.com (“Website”), owned by Golden Goose S.p.A., with registered office in Milan (Italy), Via Privata Ercole Marelli 10 (the “Company”).

1.2. By requesting the Service, the User declares that he or she accepts these General Terms and Conditions and hence undertakes to comply with what is set forth herein.

1.3. User who do not accept these General Terms and Conditions will not be able to make use of the Service.

1.4. Unless otherwise provided, for the purposes of these General terms and Conditions, “Product“ means both the Company’s non-customized products and the LAB Products referred to in Article 3.2.

2. Amendments to the General terms and Conditions

2.1. The Company reserves the right to amend these General Terms and Conditions at any time, when such amendments are required to comply with legal provisions, to adapt the General Terms and Conditions to the Company’s sales models or for technical reasons. The updated version of the General Terms and Conditions will be published from time to time on the Website. In any case, the version of the General Terms and Conditions applied to each purchase will be the one in force at the moment of the submission of the purchase order.

3. How the service works

3.1. Except as provided for the LAB Product as defined below in Article 3.2., after selecting a Product on the Website, the User may decide to personalize the Product using the Service, by checking the relative box present on the purchase completion page and accepting to pay the relative price.

3.2. The selection of a Product named with the “LAB” acronym on the Website (hereinafter "LAB Product") allows the User to purchase a Product whose final price already includes the price of the Service. In this case, the User may use the Service at his or her discretion, it being understood that, if the Service is not used for reasons not attributable to the Company, the User shall not be entitled to a refund of the price of the Service.

3.3. After purchasing the LAB Product / Service, the User will receive an order confirmation email containing a link that will allow the User to book the customization session.

3.4. The customization session consists of a live session with a sneakers maker artisan who, following the User’s instructions, will customize the Product purchased.

3.5. The customization live session will be recorded and made available to the User (through NFC technology, which will make it possible to view the session by scanning a tag included on the Product) and may be used by the User solely for personal purposes and, in any event, in such a manner so as not to harm the image and/or reputation of the Company or the sneakers maker artisans who make the customizations.
The processing of the User’s personal data during and following the recording of the live session will take place according to the information provided in the privacy information notice provided to the User before the live session and, in any case, which may be consulted at the following link: PRIVACY POLICY.

3.6. After completion of the live session, the Product will be sent to the address or the store (“pick-up in store”) specified by the User when the Service was acquired.

4. Participation in the service

4.1. To make use of the Service, the User will need to connect to the live session at the selected date and time, through a communication platform owned by the Company, accessing it via the link sent in the order confirmation email.

4.2. Two days prior to the live session and two hours prior to the live session, the sneakers maker will personally contact the User with a reminder of the scheduled appointment. If the User does not connect at the selected date and time, or the connection does not allow for the regular execution of the live session, the sneakers maker artisan will recontact the User to find out why he or she did not connect. If the User cannot be reached, the sneakers maker artisan will advise the customer care function, which will contact the User to reschedule the customization live session.

4.3. If the User stops participating for any reason in the live session while it is taking place (i.e., after the sneakers maker artisan has started the product customization activity), the live session will be suspended and the sneakers maker artisan will contact the User by telephone to find out why the User disconnected from the live session. If the User cannot be reached, the sneakers maker artisan will advise the customer care function, which will contact the User to reschedule the customization live session.

4.4. In the case pursuant to Article 4.3. the Company shall be free to evaluate, at its own discretion, the possibility to resume the customization activity or deem the activity concluded (when, for example, given the nature of the customization carried out prior to the User’s disconnection, it is no longer possible to make changes to it in a second live session).

4.5. Should the Company deem the customization concluded, or the User not schedule a new live session and/or not connect to the subsequent live session – as set forth in Arts. 4.2 and 4.3 above – the Company shall deem the customization activity completed. It is understood that, in any event, it will be possible for the User to reschedule a new live session just one time, after which time the Company shall deem the customization completed and send the Product to the addresses specified by the User pursuant to Article 3.6.

5. Service cost

5.1. The Service price is expressed in Euros and will be deemed inclusive of VAT.

5.2. The price applicable to the User will be that published on the Website when the Service/LAB Product purchase order is submitted. Such prices may be subject to change without the need to provide advance notice. The User will be responsible for checking the final price prior to submitting the purchase order.

6. Payments

6.1. The Service payment methods available to the User are the same as those provided for Product purchases specified on the Website and in the General Conditions of Sale available on the Website.

7. Product delivery or Pick-Up

7.1. Once the Service is performed, the Products are delivered by express courier to the address specified pursuant to Article 3.6. above.

7.2. At the time of Product delivery by the Company to the express courier, the User will receive the shipping confirmation, which will include the tracking code to enable the shipping process to be monitored.

7.3. The Company undertakes to deliver the Product within 30 (thirty) days from the Receipt Confirmation date.

7.4. Delivery will be deemed to have been made when the User or a third party authorized by the User, acquires physical availability of the Products, proved by signing of the order receipt at the agreed shipping address.

7.5. On Product delivery, the User will be required to check the packaging is intact and without signs of damage, tampering or alteration. If the User detects any signs of damage, tampering or alteration, he/she will be required to notify the courier immediately and refuse the Product or accept it with a written reservation on the transport document. Furthermore, the User will also be required to inform the Company of the facts immediately, by contacting its customer service (the "Customer Service") as specified in Article 11 below.

7.6. In the event of the non-delivery of the Products due to the User’s absence on each occasion for the number of attempts established in the courier’s delivery procedure, the courier will store the Products at its warehouse until collection by the User and, in any event, until the expiry of the time limit indicated in the attempted delivery notice left with the User. If the Products are not collected within such time limit, the courier will return them to the Company.

7.7. If the User requests pick-up in store, he or she will be advised via a dedicated email regarding when the Product will be available at the selected store.

8. Warranty and exclusion of liability

8.1. Without prejudice to cases of serious error by the sneakers maker artisan or the violation of the product customization instructions provided by the User, the Company shall bear no liability for the result of the customizations carried out during the live session, as they will be applied by following the instructions of the User who, therefore, assumes all risks inherent in the final result.

9. Right of withdrawal

9.1. Except as provided in Article 9.2., the User will have the right to withdraw from the Service within 14 (fourteen) days without being required to indicate the reasons. The withdrawal period expires after 14 (fourteen) days from the date when the User acquires the Service.

9.2. With respect to the LAB Product, the User has the right to withdraw in accordance with the provisions of Article 12 of the General Terms and Conditions of Online Sales by returning the LAB Product. It is in any case understood that, once a LAB Product has been purchased, under no circumstances may the User exercise the right of withdrawal only for the Service.

9.3. To exercise the right of withdrawal, the User is required to clearly state his/her intention to withdraw, by informing the Company to such effect. To this end, the User may contact the customer care function using the contact information provided in Article 11 below, which will handle the request.

9.4. To comply with the withdrawal time limit, the User is only required to send the communication relating to the exercise of the right of withdrawal prior to the expiry of the withdrawal period set out under Articles 9.1 and 9.2 above. Once the Company has received the above, it will send the User an email confirmation of receipt of the notice of withdrawal without delay.

9.5. Except as provided in Article 9.2 for LAB Product, in the case of the withdrawal of one of the parties, the Company will reimburse the User in full for the price of the Service. It is understood that, in the cases established in Article 4.5., the Company shall withhold the entire price paid by the User for the Service.

9.6. The Company will refund the User the amounts indicated in Article 9.4 above without undue delay and, in any event, no later than 14 (fourteen) days from the date on which the Company receives the User’s notice of withdrawal. The refund will be made using the same means of payment employed by the User for the Service purchase transaction.

9.7. . It is understood that the User may not exercise the right of withdrawal pursuant to Article 9.1. and 9.2. above once the sneakers maker artisan has started the Product customization activity – even when it begins before 14 days have passed since the Service was purchased. Indeed, the creation of a tailor-made or clearly personalized Product – as takes place when this Service is provided – is one of the cases that rules out “consumer withdrawal” – that is, the possibility for the consumer to freely withdraw within 14 days of the remote purchase of a product, pursuant to Article 9.1.

10. Personal data protection

10.1. Without prejudice to what is set forth in Article 3.5. above, the Company will process the User’s personal data for the purposes and following the procedures laid out in the Privacy Information Notice present on the Website.

11. Communications

11.1. To receive assistance, make claims or request information, the User may contact the Company using the following contact information:

Customer Service or customercare.eu@goldengoose.com

12. Online dispute resolution

12.1. The User may use the platform set up by the European Commission for the resolution of disputes relating to online sales contracts ("ODR Platform"). The User and the Company may use the ODR Platform to resolve disputes relating to online purchases by means of 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

13. Applicable law and competent court

13.1. These General Terms and Conditions are governed in their entirety by the law applicable in the jurisdiction where the consumer has his/her residence or domicile. Any dispute arising between the Parties in relation to the interpretation, performance or termination of the General Terms and Conditions and/or any Agreement will be subject to the exclusive jurisdiction of the Courts where the consumer has his/her residence or domicile.

14. Reference to the General Conditions of Sale

14.1. For any matters not expressly addressed in these General Terms and Conditions, the General Conditions of Sale present on the Website shall apply, when concretely applicable to the specific case.