1. Scope of application

1.1. These General Conditions of Online Sale ("General Conditions") will apply to all sales contracts concluded between Golden Goose S.p.A., with its Registered Office in Milan (Italy) at Via Privata Ercole Marelli 10 (the "Company"), and the User acting, pursuant to Article 3 of Legislative Decree 206/2005 (the "Consumer Code") as consumer, i.e., a natural person acting for purposes not constituting business, commercial, artisan or professional activities (the “User”) such consumer activities to be carried out on the basis of the orders submitted electronically through the Site www.goldengoose.com (the "Site").

1.2. The User declares that he or she accepts these General Conditions on the act of purchasing a product on the Site, and hence undertakes to comply with these General Conditions. The User will not be able to purchase products through the Site in the event of non-acceptance of these General Conditions.

2. Amendments of the General Conditions

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

3. The Creation of an account

3.1. To proceed to the purchase of products on the Site, the User must create a new account on the Site, access the Site using his or her own authentication credentials already obtained when creating an account in his or her name on the Site, or access the Site through his or her own social network credentials for Facebook or Google, using the functions made available by the managers of such social networks.

3.2. To create a new account on the Site, the User must complete the registration form fields correctly, inserting all data requested by the same (by way of non-exhaustive example: name, surname, e-mail address, telephone number and password), confirm that he or she has read the Information on privacy found on the Site and provide possible additional consents and confirm the registration.

3.3. For the purposes of the creation of the account on the Site, the User must choose a password which he or she is required to keep secret as more particularly described in the Conditions for the Use of the Site. The User’s username, however, will be the e-mail address indicated by him or her during registration.

3.4. Following registration on the Site, the User will receive an e-mail message confirming the registration sent to the address indicated during the registration process.

3.5. The User will be able to choose a payment method from those indicated at Article 8.1 below, transmitting his or her purchase order electronically to the Company.

3.6. The User will be able to cancel his or her account at any time by sending an e-mail to the Company at the address indicated in Article 14 below. On the receipt of the above communication any contractual relationship between the Company and the User will be deemed to have been brought to an end except for any purchase orders sent prior to the cancellation request, and the User’s username and password will be deleted.

4. Purchase as “Guest”

4.1. The User will also be able to make a purchase through the site as a Guest without creating an account on the same. In such circumstances the User will be required to complete the fields in the specific login form on the Site, including all data requested (by way of non-exhaustive example: name, surname, invoicing and delivery address, e-mail address and telephone number), and to accept these General Conditions.

5. The Conclusion of the Purchase Contract

5.1. The sending of a purchase order by means of the Site will constitute a binding purchase offer with respect to the selected products and thus the conclusion of a purchase contract governed in its entirety by these General Conditions (the "Contract").

5.2. Once the purchase order has been sent the Company will send the User an e-mail confirming receipt of the order containing the order number and the details of the order made (the "Receipt Confirmation"). It is any case understood that the conclusion of the contract will be subject to the Company’s express approval of the purchase order by means of the sending of an e-mail in which the Company will confirm to the User that the order has been shipped ("Shipping Confirmation"). As a consequence, the User hereby acknowledges that the Receipt Confirmation will not constitute acceptance of the purchase order and that the contract will be deemed to have been concluded on receipt by the User of the Shipping Confirmation, pursuant to Article 9.2 below.

5.3. Before confirming the purchase order, the User will be required to check the purchase order summary to ensure all data provided are correct. Any errors in the insertion of the data may be corrected using the specific data editing functions present on the Site. Should there be errors of which the User becomes aware only after having signed the purchase order, the latter will be able to correct them by contacting the Company in the manner indicated in Article 14.

5.4. The User will be required to retain the order number contained in the Receipt Confirmation in order to use the assistance service and for use in any other communication with the Company.

5.5. The user is required to verify the documents relating to the your co-creation experience online purchase here.

6. Availability of Products

6.1. The User may only select for purchase those products present in the catalogue published on the Site which are available at the moment of the User’s purchase order. The selected products will be placed in the shopping basket whose contents may be cancelled or modified at any moment up to the submission of the purchase order.

6.2. The product catalogue will be updated on a periodical basis by the Company which thus does not provide any guarantee of a product’s availability or of the availability of all sizes/versions of all products/colours displayed in the catalogue.

6.3. Each product is accompanied by a description of its main characteristics. It is possible that the images and the colours shown in the description might not correspond precisely to the real version by effect of the settings of the computing systems or the device used by the User to view the Site. As a consequence, the images so published must be taken as being indicative in nature within normal tolerance limits.

6.4. The products on the Site will be available up to the exhaustion of stocks. If the product selected is not available even though selected, the Company will inform the User promptly by e-mail sent to the address provided by the User. If the product is permanently unavailable, the Company will propose one or more alternative products to the User without prejudice to the fact that, if the User does not wish to accept the proposal, he or she will be promptly refunded with any amount he or she may have already paid. If the User does accept the alternative proposal, to be sent by e-mail to the address indicated in Article 14 below, the contract will be concluded at the moment of the User’s receipt of the Shipping Confirmation, pursuant to Article 5.2 above.

7. Product Prices

7.1. The sale prices are expressed in Euros and will be deemed to include VAT.

7.2. The sale prices applicable to the User will be those published online at the moment the 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.

7.3. All prices of the products displayed on the Site are net of shipping costs which will be borne by the User in their entirety. Such costs will vary in accordance with the shipping method selected and will be indicated separately in the summary of the purchase order and the Receipt Confirmation.

8. Payments; Invoicing; refunds

8.1. The means of payment available to the User have been listed below:

8.1.1. Credit Card (Visa, MasterCard, American Express);

8.1.2. PayPal;

8.1.3. Payment on delivery but only where the product shipping address indicated by the User is in Italian territory.

8.2. The price must be paid at the moment when the order is made in the case of payment by credit card or PayPal or at the moment of product delivery in the case of payment on delivery. Payment on delivery may only be made in cash or by means of POS.

8.3. The Company reserves the right not to accept a purchase order in the event of the failure to authorise payment by the manager of the payment method used pursuant to Article 8.1. above.

8.4. Save in a case where the User has chosen to effect the payment by payment on delivery, any refunds of the mounts paid to the Company by the User will be effected using the same payment method used by the User to effect the purchase. Refunds will be processed within the times and in the manners provided for by the managers of such payment methods. If the User chooses to make payment on delivery, any refunds of the monies paid will be effected by means of bank transfer to the current account indicated by the User.

9. Delivery of Products

9.1. The products purchased on the Site will be delivered to the shipping address indicated by the User at the moment of registration with the Site or of the purchase of the product by means of express courier.

9.2. At the moment of product delivery by the Company to the express courier, the User will receive the Shipping Confirmation, which will include the tracing code allowing the monitoring of the shipping process.

9.3. The Company undertakes to deliver the product within the time limit of 30 (thirty) days from the Receipt Confirmation date.

9.4. The delivery will be deemed to have been effected at the moment the User or a third party authorised by the latter, acquires material disposal of the products, proved by means of the signing of the order receipt at the agreed shipping address.

9.5. The User will be required, at the moment of the product delivery, to check that the packaging is unharmed and without signs of damage, tampering or alteration. If the results of such checks are negative, the User will be required to carry out the appropriate dispute procedure immediately with the courier, by refusing the product or accepting the same with written reservations 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") in the manner indicated in Article 14 below.

9.6. In the event of the non-delivery of the products because of the User’s absence on each occasion for the number of attempts laid down in the courier’s delivery procedure, the courier will store the products at its warehouse until its collection by the User and in any case up to the expiry of the time limit indicated in its attempted delivery notice left with the User. If the products are not collected within such time limit, they will be returned to the Company by the courier.

10. Declarations and Guarantees of the User

10.1. The User hereby declares and guarantees as follows:

10.1.1. that it is able to enter into the contract legitimately; that he or she is of full age;

10.1.2. that the personal data and other information communicated to the Company when registering on the Site or during the purchase of the product are correct, truthful and updated. The Company reserves the right to check the information provided at any time and by any means at its disposal, including by requesting the User for appropriate supporting documentation and, in the event of breach of this Article 10.1.3, to deactivate or suspend the User’s account;

10.1.3. that he or she will use the Site in compliance with any provision of the applicable law or regulations, avoiding any direct and/or indirect use of the Site which conflicts with the law and these General Conditions or which damages third party rights.

10.2. The User undertakes to hold the Company indemnified and unharmed against any liability, action, cost, expense or claim which may arise from the User’s breach of the declarations and guarantees set out in Article 10.1, without prejudice to the Company’s right to terminate the contract with immediate effect pursuant to Article 1456 of the Italian Civil Code in the event of the User’s breach of such declarations and guarantees.

11. Legal Warranty of Conformity

11.1. The products sold to the User through the Site will be covered by the legal warranty of conformity laid down by Articles 128 et seq. of the Consumer Code ("Legal Warranty").

11.2. Without prejudice to the provisions of Article 6.3 above, the Company will be required to deliver products conforming to the contract to the User. The User hereby recognises and accepts that the so-called “distressed” effect characterising some of the Company’s products may not be considered as a defect of conformity.

11.3. The Company will be liable as against the User for any conformity defect existing at the moment of product delivery on condition that such conformity defect becomes manifest within the time limit of 2 (two) years from the product delivery. The User will lose his or her rights under the Legal Warranty if failing to report the conformity defect to the Company within the time limit of 2 (two) months from the date of discovery of the defect, by contacting the Customer Service by e-mail at the address indicated in Article 14. Such report, to be effected by means of the form set out at the foot of these General Conditions, must contain an accurate and complete description of the defects or faults alleged and photographs of the product highlighting the conformity defect reported. The Customer Service will reply immediately to the User’s communication, sending a further form to be completed and providing instructions for the possible return of the product.

11.4. The return of the product will be effected at the Company’s expense if, in the light of the report of the conformity defect and the photographic documentation received, the Customer Service considers that the reported defect exists. If, however, the Customer Service, following an analysis of the photographic documentation, does not consider the User’s report to be well-founded, the latter will be free to send the product to the Company at his or her own expense for the sole purpose of submitting it to a physical analysis by the latter. The User will be required to annex with the product for which he or she wishes to enforce the Legal Warranty, the duly completed form received from the Customer Service following the report of the defect together with the payment receipt or any other document reasonably requested by the Company.

11.5. The User will have the discretionary power to request the Company either to repair the product or to replace it without expense on his or her behalf, save where the remedy chosen is objectively impossible or excessively onerous with respect to the other.

11.6. The User will be able to request, at his or her discretion, an appropriate reduction of the price or the termination of the Contractor where one of the following conditions apply: repair or replacement is impossible or excessively onerous, the Company has failed to repair or replace the product within an appropriate time limit, the replacement or repair previously effected has resulted in significant inconvenience for the User.

11.7. Where, having collected/received the product, the Company establishes that the conformity defect reported does actually exist, any expenses in terms of transport, repair or replacement of the product will remain to be borne by the Company or, if transport costs were paid by the User pursuant to Article 11.4 above, they will be refunded by the Company. Otherwise, that is, where the Company establishes that the conformity defect does not exist or the conditions for the application of the Legal Warranty are not satisfied, the Legal Warranty will not apply and all transport costs,– whether incurred by the User in sending the product to the Company or vice versa, will be borne by the User. In such circumstances the Company will inform the User to such effect and the product will be returned to the shipping address indicated by the User. In all cases of failed delivery of the product to the User or to a third party authorised by the latter, the product will be held in storage for a period of 15 days or for such longer time limit indicated in the notice of failed delivery left with the User. If the time limit expires without the User having collected the product, the Company will have the right to charge the storage costs to the User and dispose of the product as it thinks fit.

11.8. The User hereby acknowledges and accepts that any faults or damage caused by accidents, by fault on the part of the User, by use of the product non-conforming to its intended use or by normal wear and tear will not be covered by the Legal Warranty.

12. Right of Withdrawal

12.1. The User will have the right to withdraw from the contract within 14 (fourteen) days without being required to indicate the reasons for the same. The withdrawal period expires after 14 (fourteen) days from the date when the User or a third party designated by the latter, not being the carrier, obtains physical possession of the purchased product. If the User has purchased more than one product with the same order, the withdrawal period expires after 14 (fourteen) days from the date on which the User or a third party designated by the latter, not being the carrier, obtains physical possession of the last of the products purchased.

12.2. To exercise the right of withdrawal the User is required to state his or her intention to withdraw from the contract clearly, informing the Company to such effect. To such end the User will be able to make use of the Withdrawal Form set out at the foot of these General Conditions, to be completed and sent to the Customer Service by e-mail to the address indicated in Article 14.

12.3. To comply with the withdrawal time limit, it will be enough for the User to send the communication relating to the exercise of the right of withdrawal prior to the expiry of the withdrawal period set out under Article 12.1. Once the Company has received the above, it will send the User a receipt confirmation via -email without delay together with a returns label, necessary for the correct return of the products to the Company.

12.4. In the event of withdrawal, the Company will refund the price of the returned products in full to the User plus the initial shipping costs relating to the same with the exception of any supplementary costs deriving from any choice by the User of a type of delivery other than the least expensive type offered by the Company. In contrast to the above, the shipping costs for the return of the product will be borne by the User.

12.5. In the event of the exercise of the right of withdrawal, the User will be required to return the purchased products to the Company within the time limit of 14 (fourteen) days running from the date on which he or she communicates his or her decision to withdraw from the contract. For the purposes of the return of the product, the User will be able to make use of the courier service chosen by the Company. In such circumstances the User will not be required to make payment of the costs of the return directly in person in that the Company will pay them on the User’s behalf, deducting them from the refund due to the latter. If the User decides to use this service, this must be indicated in the form referred to in Article 12.2, by which the Company is informed of his or her intention to withdraw from the Contract. The User will then be required to contact the courier directly to go ahead with the return. If the User chooses freely to use a shipper different from that indicated by the Company, he or she will be required to bear the related shipping costs.

12.6. The Company will refund the amounts indicated in Article 12.4 above to the User without undue delay and in any case no later than 14 (fourteen) days from the date when the Company receives the notice of withdrawal from the User. Nonetheless, the Company will be able to suspend the refund until it receives the returned products or until the User is able to demonstrate that he or she has sent the products back, depending on which of the above situations occurs first. The refund will be made using the same means of payment employed by the User for the initial transaction save where the User effected the same by means of payment on delivery in which case the refund will be made by bank transfer.

12.7. The User will be required to return the products without having used them, in a perfect state of conservation and without having removed the original labels. The products’ packaging must be treated with care in order to safeguard the original packaging from damage, extraneous writing or having labels fixed on it. If such conditions are not met, the Company will return the products to the User at the latter’s expense.

12.8. For the purposes of the return of the products to the Company, the User will be required to print the withdrawal form previously completed and sent to the Customer Service, fixing the return label to it as received pursuant to Article 12.3 above. The above form must thus be included inside the product packaging in order to ensure that the return of the same to the Company is successfully completed. If the User has any doubts in relation to the procedure to be followed in the exercise of his or her right of withdrawal, he or she will be able to contact Customer Service at the addresses indicated in Article 14 below to obtain all necessary clarification.

13. Personal Data Protection

13.1. The Company will process the User’s personal data for the purposes and following the procedures detailed in the Privacy Information to be found on the Site .

14. Communications

14.1. To receive assistance, make claims or to request information, the User will be able to contact the Company at the following contacts:

Customer Service +41 0435510364 or Kontaktiere uns per E-Mail

15. Online Disputes Resolution

15.1. The User will be entitled to 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 through 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

16. Applicable Law and Competent Court

16.1. These General Conditions will be governed in their entirety by Italian law. The Court with competence in the location where the consumer has his or her residence or domicile, if within Italian territory, will have exclusive competence for the adjudication of any dispute arising between the Parties in relation to the interpretation, performance or termination of these General Conditions or of each contract.

See the page Shipping and Returns

 

Form for the exercise of the Legal Warranty

If the User has received products which are not compliant to the agreement, please complete and send the related form to Customer Service,via email, to the address indicated in Article 14 above, Products' photographs proving evidence of the asserted defects should be attached to the form.