1.Scope of application

1.1.These general terms and conditions of online sales (the “General Terms and Conditions”) apply to all sales contracts entered into between the User (as defined herein) and Golden Goose S.p.A. (the “Company”) based on orders submitted electronically via the website “www.goldengoose.com” (the “Site”) or the application “Golden Goose Passport” (the “App”, with the Site and App collectively referred to as the “Platforms”).

1.2.The Company has its registered office in Milan (Italy), via Privata Ercole Marelli 10, and is registered with the Companies’ Register of Milan – Monza – Brianza – Lodi (VAT number/Tax ID: 08347090964; Economic and Administrative register no. 2019545).

1.3.The User is the person that qualifies as the consumer based on the laws of the State applicable to him/her. The User is, therefore, the consumer, pursuant to Article 2(1) of Directive 2005/29/EC, i.e. any natural person acting for purposes which are outside his/her trade, business, craft or profession.

1.4.The User will not be able to purchase products through the Platforms in the event of non-acceptance of these General Terms and Conditions.

1.5.The User declares that he/she accepts these General Terms and Conditions upon purchasing a product on the Platforms, and undertakes to comply with such General Terms and Conditions.

2.Amendments to the General Terms and Conditions

2.1.The Company reserves the right to amend the 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 any other requirement of the Company.

2.2.The updated version of the General Terms and Conditions is published from time to time on the Platforms. In any case, any amendments to the General Terms and Conditions will be applied to orders made starting from the date when the General Terms and Conditions come into effect.

3.Account creation

3.1.To complete a purchase on the Platforms, the User may:

(i)create a new account, indicating his/her first name, surname, email address and access password;

(ii)have access using his/her own authentication credentials already obtained after creating an account in his/her name on the Platforms; and

(iii)access the Site using his/her own credentials for accessing Google or social network, using the features made available by the operators of these social networks;

(iv)proceed as a “guest”, as specified in Article 4 hereunder.

3.2.To create a new account on the Platforms, the User must:

(i)complete the fields of the registration form, entering all data required, i.e. his/her first name, surname, email address and password. Entering the telephone number, gender and date of birth is optional;

(ii)confirm he/she has read the privacy notice on the Platforms and accepts the general terms and conditions for using the Platforms;

(iii)give any other consent; and

(iv)confirm the registration.

3.3.The User’s username will be the email address indicated during registration. For the purposes of the creation of the account, the User must choose a password which he/she is required to keep secret, as further described in the general conditions for use of the Platforms.

3.4.Following registration on the Website, the User will receive an email confirming the registration sent to the address indicated during the registration process.

3.5.The User may delete his/her account at any time by accessing the section “Profile” and selecting the option “delete account”. After confirming the deletion, the User will receive an email confirming that his/her account has been deleted. With the deletion of the account, any contractual relationship between the Company and the User will be deemed to have been terminated – except for any purchase orders sent prior to the deletion request – and the User will lose all information associated with the account, such as the order history.

4.Making purchases

4.1.To purchase products on the Platforms, the User can choose from two options:

-making purchases after logging in: the User can make purchases from the Platforms accessing them using his/her own authentication credentials obtained when creating an account (see Article 3).

-making purchases as a “guest”: the User can also make purchases from the Platforms as a guest, without creating an account. In this case, the User must complete the fields required at checkout, entering all data requested, i.e. first name, surname, invoicing and delivery address, email address and telephone number.

5.Conclusion of the purchase contract

5.1.The contract concluded through the submission of a purchase order from the Platforms (the "Contract") will be governed in its entirety by these General Terms and Conditions. Before submitting the order to the Company online, the User will tick the box displayed on screen to acknowledge and declare that he/she has read and unconditionally accepts and agrees to observe the General Terms and Conditions.

5.2.Once the purchase order has been submitted, the Company will send the User an email confirming receipt of the order, containing the order number and the details of the order made (the "Receipt Confirmation").

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 data entry may be corrected using the specific data editing functions on the Platforms. With the exception of the email address, any errors which the User becomes aware of only after having confirmed the purchase order, may be corrected by contacting the Company as specified in the Article hereunder 15.

5.4.The User shall 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.

6.Sneakers Maker Online Service

6.1.For the Sneaker Maker Online Artisan, service, see the "General terms and conditions of the Sneakers Maker Online service". This service may only be purchased from the Site.

7.Online Repair Service

7.1.For online repair services, see the “General terms and conditions of the tailoring, cleaning and repair services”. These services may only be purchased from the Site.

8.Product availability

8.1.The product catalog is regularly updated by the Company, which does not, however, provide any guarantee of a product’s availability or of the availability of all sizes/versions and colors of each product in the catalog.

8.2.The products on the Platforms will be available while stocks last.
If a product, which may be selected, is temporarily unavailable (i.e.,the Company cannot deliver the product within 30 (thirty) days from the Receipt Confirmation date, pursuant to Article 10.3), the Company will contact the User as soon as possible and give him/her the opportunity to confirm the purchase or withdraw from the contract.
If the User withdraws from the contract, or the product is permanently unavailable, the Company will refund the User any sum already paid, without delay, by the same payment method used for the purchase.

8.3.The User may pre-purchase some products that the Company will put on sale exclusively on the Website, according to the times chosen by the Company. When pre-purchasing a product, payment will be immediate, therefore the amount will be saved immediately with the submission of the order, by the payment method indicated by the User. An estimated delivery date will be notified to the User. However updates are possible, which will be notified to the User from time to time. If the pre-purchased product is no longer sold by the Company for any reason whatsoever, the latter will refund the User, without delay, by the same payment method used for the purchase.

8.4.The User may only choose to purchase those products present in the catalog published on the Platforms, and which are available at the time of the User’s purchase order. The selected products will be placed in the shopping cart, the contents of which may be cancelled or modified at any time until the purchase order is submitted.

8.5.With the reserve in store service, the User can reserve the product he/she wants at a selected Golden Goose store, without being obliged to purchase it. In this case, the User must go to the selected store within 72 hours to view and possibly purchase the product. If 72 hours lapses, or the User goes to the Store and decides not to purchase the product, the product will no longer be “reserved” at the store.

8.6.Each product is accompanied by a description of its main characteristics. The images and the colors of the products 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 Platforms. As a consequence, the images so published must be taken as being indicative in nature within normal tolerance limits.

9.Product prices and payment methods

9.1.The sale prices are expressed in the currency indicated and will be deemed to include VAT.

9.2.The User may pay using the payment methods indicated on the next page; these methods are constantly updated by the Company , che sono tenuti in costante aggiornamento dalla Società.

9.3.For more information about payment methods, see the page at the following link.

9.4.Sale prices may be subject to change without the need to provide advance notice. In any case, the sale prices applicable to the User will be those published online when the purchase order is submitted. The User will be responsible for checking the final price prior to submitting the purchase order.

9.5.All prices of the products displayed on the Platforms 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, subsequently, in the Receipt Confirmation.

9.6.The Company constantly checks that all prices listed on the Platforms are correct, but all the same cannot guarantee the absence of any errors. If the Company finds an error in the price of a product, for example an obvious clerical error in the product page compared to the price usually applied by the Company to the type of product, or an error in the calculation of the amount requested in payment, the Company will contact the User as soon as possible and give him/her the opportunity to confirm the purchase at the correct price or to cancel the purchase. It is understood that in the event of cancellation of the order, the Company will refund the User the sums already paid, without delay. Refunds will be made by the same payment method used by the User to make the purchase.
In any event, the Company has no obligation to expressly approve or fulfill an order for a product that has been posted at an incorrect price.

9.7.If the Company is unable to contact the User within a reasonable time, the order will be canceled by the same payment method used by the User to make the purchase.

9.8.If at any stage of the product purchase procedure on the Platforms the User notices that the price of one or more of the products he/she intends to purchase is manifestly lower than the price normally applied and/or otherwise different from the correct sale price (without prejudice to any discounts and/or promotions in force at that time), the User is requested not to complete his/her purchase order and to report the aforementioned problem to Customer Service by email at the address specified in Article 15. If the User nevertheless proceeds to finalize the purchase order, the Company reserves the right to take the actions outlined above or to expressly not approve the order and to contact the User in order to offer the opportunity to confirm the purchase of the selected product at the correct price or to cancel the order.

10.Delivery of products

10.1.The products purchased on the Platforms will be delivered by courier to the shipping address indicated by the User at the moment of registration or of the purchase of the product. The User, on the Site only, may also opt for the pick up in-store service, going to the selected Golden Goose store with the booking number received by email and valid ID. If the product is picked up in store by a person other than the User who purchased the product, the person must present the email confirming the order received by the User who purchased the product, and a valid copy of the User’s ID. At the time of picking up the product in store, the User or person picking up the product on his/her behalf will be requested to complete a digital form stating that the product has been collected.

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

10.3.The Company undertakes to deliver the products to the User within 30 (thirty) days from the Receipt Confirmation date, with the exception of delays attributable to (i) the courier; or to (ii) circumstances beyond the reasonable control of the Company, including but not limited to acts of war or terrorism, strikes, national or local states of emergency, government orders and orders of other authorities, transport failures, pandemics, power or service outages, earthquakes or other natural disasters (“Force Majeure”).

10.4.In the event of Force Majeure as indicated in Article 10.3 (ii), the Company will make all reasonably possible efforts to meet the obligations undertaken pursuant to the General Terms and Conditions. If the Force Majeure event continues for a minimum of 3 (three) months, the User and the Company may withdraw from the contract. In this case, the Company will refund payments made by the User without undue delay.

10.5.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 the signing of the order receipt at the agreed shipping address and, in any case, by receipt of the delivery email.

10.6.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 products will be returned by the courier to the Company.
After checking the integrity of the products, the Company will refund the User, without delay, the amounts paid to purchase the products that were not collected, by the same payment method used for the purchase. In any case, it is understood that shipping costs will not be refunded.

10.7.In the event of the purchase of inflammable products (such as fragrances, candles, fragrance diffusers, etc.), products for which the sneakers maker online service has been requested, and the pre-purchasing of products as indicated in Article 8.5, the Company will split the order into several shipments. It is understood that whenever considered necessary, the Company may, at its discretion, split the order into several shipments. In all cases of orders with several shipments, the purchaser will receive a shipping confirmation email for each shipment of the order.

10.8.The risk of losing or damaging the products, for reasons not attributable to the Company, is transferred to the User only when he/she or a third party he/she appoints other than the carrier, gains material possession of the goods. However, the risk is transferred to the User from when the good is delivered to the transport company, if the latter was chosen by the User and this choice was not proposed by the Company, without prejudice to the User’s rights with the transport company.

11.Warranties and representations of the User

11.1.The User hereby warrants and represents:

(a)that he/she is legally able to enter into the Contract

(b)that he/she is of legal age. If the User is aged between 14 (fourteen) and 17 (seventeen), a parent or legal guardian must accept the General Terms and Conditions in the name and on behalf of the User and ensure that the latter understands how the Platforms work. The parent or legal guardian will be responsible for use of the Platform by the User, including but not limited to the payment of purchases made;

(c)that the personal data and other information communicated to the Company when registering or during the purchase of the product are correct, true and up to date. 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;

(d)that he/she will use the Platforms in compliance with any provision of the applicable law or regulations, and avoid using them directly and/or indirectly against the law and these General Terms and Conditions or that harms any third-party rights.

11.2.The Company reserves the right to suspend or disable the User’s account in the event of a breach of Article 11.1.

11.3.The User undertakes to hold the Company indemnified and harmless against any liability, action, cost, expense or claim, which may arise from the User’s breach of the warranties and representations set out in Article 11.1, without prejudice to the Company’s right to terminate the Contract with immediate effect, if the User breaches any of the warranties and representations, pursuant to Article 1456 of the Italian Civil Code.

12.Legal Warranty of Conformity

12.1.The products sold to the User via the Platforms are covered by the legal warranty of conformity according to Articles 128 et seq. of the Italian Consumer Code ("Legal Warranty”).

12.2.Without prejudice to the provisions of Article 8.6 above, the Company must provide the User with products that comply with the Contract in accordance with the subjective and objective requirements envisaged in Article 129, paragraphs 2 and 3 of the Italian Consumer Code, where relevant and compatible, as well as in accordance with the descriptions published on the Platforms. The User hereby acknowledges and accepts that the so-called “distressed” effect characterizing some of the Company’s products may not be considered as a defect of conformity.

12.3.Upon delivery of the product, the User will be required to check that the packaging is (i) intact and without evidence of damage, tampering, or alteration, and (ii) complete with all purchased items. If the User detects any signs of damage, tampering or alteration, he/she will be required to formally 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 promptly inform the Company of the facts, by contacting “Customer Service” as specified in Article 15 below.

12.4.The Company will be liable towards the User for any defect of conformity existing at the time of product delivery, on condition that such defect of conformity becomes manifest within 2 (two) years from the product delivery. Any action claiming defects of conformity that were not intentionally concealed by the Company may in any case be taken only within 26 (twenty-six) months of the delivery of the product. In order to be able to exercise the rights related to the Legal Warranty, the User must report any defects of conformity of the product, by contacting Customer Service by email, at the address indicated in Article 15. This report must contain an accurate and complete description of the contested defects of conformity and photos of the product, highlighting the reported defect of conformity. 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.

12.5.The return and repair or replacement of the product as indicated in Article 12.6 below will be entirely at the Company’s expense if, based on the report of the defect of conformity and the photographic documentation received, the order number or purchase receipt, the Customer Service considers the reported defect exists. However, if following an analysis of the photographic documentation, Customer Service does not deem the User’s report to be valid, the User will be free to send the product to the Company at his/ her own expense for the sole purpose of submitting it to a physical analysis by the Company. The User shall attach to the product for which he/she wishes to enforce the Legal Warranty from Customer Service following the report of the defect (duly completed), the payment receipt and any other document reasonably requested by the Company.

12.6.If the defect is confirmed, the User has the right to restore the conformity of the product by choosing between repair and replacement, provided that the chosen remedy is not impossible or, compared to the alternative remedy, does not impose disproportionate costs on the Company, taking into account all the circumstances, and in particular, the value the good would have in the absence of the defect of conformity and the possibility of opting for an alternative remedy without considerable inconvenience for the consumer.

12.7.The Company may refuse to bring the product into conformity if repair and replacement are impossible or if the costs that the Company would have to bear are disproportionate, taking into account all the circumstances, including those referred to in Article 12.6 of these General Terms and Conditions.

12.8.The User has the right to a proportional reduction in the price or to terminate the Contract in the event that the Company has not carried out or declares it does not wish to carry out within a reasonable time the repair or replacement of the product, or despite the repair or replacement, a conformity defect has occurred. The User has the right to a proportional reduction in the price or to terminate the Contract also where the defect of conformity is so severe as to justify the immediate reduction in the price or termination of the sales contract.

12.9.The User has no right to terminate the Contract if the defect is only minor.

12.10.The User hereby acknowledges and accepts that any faults or damage caused by facts attributable to his/her responsibility or by not using the product for its intended use, or due to normal wear and tear, will not be covered by the Legal Warranty.

13.Right of withdrawal and return procedure

13.1.The User will have the right to withdraw from the Contract within 14 (fourteen) days from the day when the User or third party designated by the User, other than the carrier, obtains physical possession of the purchased product, without being required to indicate the reasons. 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, other than the carrier, obtains physical possession of the last of the products purchased.
In the event the User exercises the right of withdrawal, he/she will be required to return the purchased products to the Company within 14 (fourteen) days from the date on which he/she communicates his/her decision to withdraw from the Contract. The deadline is observed if the User sends the goods back before the end of the 14-day period. In order to return the product, the User may use the courier service chosen by the Company. The User will be required to contact the courier service directly to go ahead with the return.

13.2.To exercise the right of withdrawal, the User is required to explicitly state his/her intention to do so, by informing the Company to such effect before the deadline of the withdrawal period.
The User may also exercise his/her right to withdraw before obtaining physical possession of the purchased product, i.e. after having received the order confirmation. If withdrawal from order confirmation is exercised at the time when the courier takes delivery of the goods, the User shall contact customer service at: link.
If withdrawal is exercised after the courier has taken delivery of the goods, the User shall use the “online return procedure” from his/her own account or on the “Returns” page.

13.3.To return a product, the User can visit the “Returns” page, where he/she can send a return request online, using the return procedure indicated, accessed from his/her own account or as a guest.

13.4.In the event of withdrawal or a return, the Company will refund the User the price of the returned products in full, including delivery costs (with the exception of any supplementary costs arising from any choice by the User of a specific type of delivery other than the least expensive type offered by the Company).

13.5.In any case, the User will pay the costs for returning the goods.

13.6.The Company will refund the User the amounts indicated in Article 13.4 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. Nonetheless, apart from the case in Article 13.7, the Company may suspend the refund, until it receives the returned products or until the User demonstrates that he/she has returned the products, depending on which of the above situations occurs first. The refund will be made by the same payment method used by the User for the initial transaction, unless the User has expressly agreed otherwise and on condition that the Company does not have to pay any cost as a consequence of the refund.

13.7.The User, only through the Site and by the deadline indicated in Article 13.1 may also opt to withdraw or return a product, returning the product in-store, where possible, directly delivering the purchased product to one of the Golden Goose flagship stores in the same country from where the purchase order was shipped. In this case, store personnel will carry out all checks necessary to accept the product return from the User.

13.8.The User may also return the product by selecting Product Exchange, i.e. by directly requesting to change the size of the purchased product. It is understood that a different-sized product will be shipped to the User only after the Company has received the previously purchased Product and carried out all necessary checks. If the different-sized product is not available, the Company will refund the User without undue delay by the payment method used for the purchase.

13.9.The User shall return the products without having used them, in perfect condition and without having removed the original labels. The User will only be responsible for the decrease in value of goods resulting from their handling other than that necessary to establish the nature, characteristics and functioning of the goods.
The product packaging must be treated with care in order to safeguard the original packaging from damage, without any writing or labels affixed. Due to the intimate nature of some products (including but not limited to swimwear), these products should be tried on over one's own clothing. If these conditions are not met, the Company will not accept the return or provide any refund. However, it will return the products to the User at the User's expense.

14.Protection of Personal Data

14.1.The Company will process the User’s personal data for the purposes and following the procedures detailed in the Privacy Notice to be found on the Website at the link .

15.Communications

16.Online Dispute Resolution

16.1.Users residing in a Member State of the European Union may use the platform set up by the European Commission for the resolution of disputes relating to online sales contracts ("Piattaforma ODR"). 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 .

17.Legge applicabile e foro competente

17.1.These General Terms and Conditions are governed in their entirety by Italian law. Without prejudice to Article 16, any dispute arising between the Parties in connection with the validity, interpretation, performance, and termination of these General Terms and Conditions or each contract shall be subject to the exclusive jurisdiction of the court of the place of residence or domicile of the consumer, if located in a Member State of the European Union.

18.Miscellaneous

18.1.These General Terms and Conditions consist of the entirety of its component clauses and define the scope of the obligations of the Company in relation to the sale of the products. The Company will not be held liable for any warranty and any condition whatsoever or other term other than those specifically referred to in these General terms and Conditions to the fullest extent permitted by applicable law.

18.2. The Company’s failure to exercise or its delay in exercising, in full or in part, any right or remedy contemplated by these General Terms and Conditions or by law, may not be interpreted as a waiver of the same.

18.3.Any ineffective and/or invalid provision(s) of these General Terms and Conditions will not affect the validity and effectiveness of the other provisions.