Identification of the Supplier
The goods covered by these general terms and conditions are sold byGiancarlo Abbigliamento Srl with registered address in Via Generale Achille Papa, 21 – 25015 Desenzano del Garda (BS), registered at the Brescia Chamber of commerce with Business Register no BS-537918, Tax Code 03481830986, VAT no 03481830986, hereinafter referred to as the “Supplier”.
1.1. The expression “online contract of sale” is understood to mean the contract of sale for the tangible moveable goods of the Supplier, entered into between the Supplier and the Buyer within the framework of a system of distance sale system using electronic tools, organized by the Supplier.
1.2. The term “Buyer” is understood to mean dht natural person who makes the purchase, referred to in this contract, for purposes unrelated to any commercial or professional activity performed.
1.3. The term “Supplier” is understood to mean the party identified above or the entity that sells the good through the website indicated in the following article.
Subject of the contract
2.1. With this contract, the Supplier and the Buyer respectively sell and buy at a distance, by means of electronic instruments, the tangible moveable goods described and offered for sale on the website https://giancarloabbigliamento.it
2.2. The products referred to above are illustrated, with specific and detailed indication of their characteristics, in the section of the web portable that can be accessed at: https://giancarloabbigliamento.it/shop
3.1. The contract between the Supplier and the Buyer shall be concluded exclusively via the Internet by means of access by the Buyer to the website https://giancarloabbigliamento.it, where, following the instructions given, the Buyer shall formalize the purchase of the goods referred to in point 2.1 of the preceding article.
Conclusion and effectiveness of the agreement
4.2. As soon as the Supplier receives the order from the Buyer, it shall send a confirmation email or display a web page confirming and summarizing the order, which shall also include the information outlined above.
Payment methods and refunds
5.1. Payments by the Buyer may be made only by means of one of the methods indicated on the relevant web page by the Supplier.
5.2. Any refund to the Buyer shall be made using the same payment method chosen by the Buyer at the time of submitting the order. In the event of exercise of the right of withdrawal, the Supplier shall arrange the refund of the purchase price as soon as the goods sold are returned and having checked the state of these goods. The Buyer shall be responsible for the shipping costs of returned goods.
5.3. All communication relating to payments shall use third party encryption systems to protect the transactions made (e.g. PayPal).
Times and methods of delivery
6.1. The Supplier shall deliver the products selected and orderd using the methods chosen by the Buyer or indicated on the website when the goods are offered, as confirmed in the email referred to in point 4.2.
6.2. The shipping times may vary from the day after the order to a maximum of 30 (thirty) days from order confirmation, as established by the regulations in force. In the event that the Supplier is unable, for whatever reason, to deliver an order within this deadline, the Buyer shall be notified in good time via email sent to the address provided by the Buyer during the order procedure.
6.3. At the time of delivery, the Buyer must check that: a) The number of packages delivered corresponds to that shown on the transport document attached to the goods shipped; b) the package is intact and undamaged, including any sealing tape.
In the event that the goods delivered display any damage presumably caused by transport, the Buyer can refuse the delivery and send immediate notification to the Supplier, which shall make the due claims against the courier, organizing a new delivery once the disputed goods have been returned.
In the event that the customer decides to accept the goods delivered anyway, despite the fact that the package is severely damaged and/or tampered with, in order to protect their rights, they must make a claim of unacceptability of the package, writing the words “GOODS RECEIVED SUBJECT TO VERIFICATION DUE TO…” (indicating the reason for verification) on the delivery note, of which they must keep a copy.
7.1. All the product sale prices are indicated on the websiteAll the product sale prices are indicated on the website https://giancarloabbigliamento.it/shop are given in euro and constitute a public offer pursuant to Art. 1336 of the Italian Civil Code.
7.2. The sale prices referred to above include VAT and any other duties. The costs of shipping and any other ancillary costs, where applicable, although not included in the purchase price, are indicated and calculated in the purchase process before the Buyer submits the order and also shown on the order summary page, as well as in the summary email sent following completion of the purchase process.
7.3. The prices shown alongside each of the goods offered to the public shall be valid until the date indicated in the catalogue. Any promotional offers are specifically indicated and marked on the website with the words “Special offer”, “Sale product” or equivalent wording,
8.1. The Supplier shall ensure the processing and dispatch of orders without delay by means of the electronic system used. For this purpose, it indicates in real time in its electronic catalogue the number of products available and those not available, in addition to the shipping times.
8.2. Should an order exceed the quantity available, the Supplier shall inform the Buyer via email if the goods can no longer be pre-ordered or how long it will be until the goods will be available, asking whether they wish to confirm the order or not.
8.3. The Supplier computer system shall confirm the order registration as quickly as possible, sending the Buyer a summary email, pursuant to point 4.2.
Limitations of liability
9.1. The Supplier shall accept no liability whatsoever for disruptions to service attributable to reasons of force majeure or unforeseeable events.
9.2. The Supplier shall not be held liable towards the Buyer, except in cases of wilful misconduct or gross negligence, for disruptions to service or malfunctions in relation to use of the internet beyond its own control and the control of its subsuppliers.
9.3. The Supplier shall also not be liable for damages, losses and costs incurred by the Buyer following the failure to execute the contract for reasons beyond its control.
9.4. The Supplier shall accept no liability whatsoever for any fraudulent and unlawful use that may be made by third parties of the credit cards, cheques and other means of payment used to pay for the products purchased, should it prove that it adopted all the precautions possible on the basis of the most advanced knowledge and experience at the time and on the basis of ordinary due diligence.
Obligations of the Supplier for defective products, proof of damage and recoverable damages
10.1. The Supplier shall not be held liable for the consequences of a defective product if the defect is due to the conformity of the product to a rule of law or binding provision, or if the scientific and technical knowledge, at the time the manufacturer put the product into circulation, did not allow the product to be considered defective.
10.2. No compensation shall be due if the claimant was aware of the product defect and the risk incurred and they exposed themselves to this risk regardless. In the same way, the Supplier shall not be liable for defects deriving from the misuse and/or incorrect use of the goods purchased, external factors (e.g. impact, falls, etc.), mishandling and improper use
10.3. In any case, the claimant must provide evidence of the defect , the damage and the causal link between the defect and the damage.
Warranty and support procedures
11.1. The Supplier shall be liable for any lack of conformity identified within 2 (two) months of delivery of the goods.
11.2. The Buyer shall forfeit all rights should they fail to report the lack of conformity to the Supplier within the deadline of 2 (two) months of the date in which the defect is discovered.
11.3. In the case of lack of conformity, the Buyer may request, alternatively and at no charge, under the terms indicated below, the repair or replacement of the goods purchased, a reduction in purchase price or the termination of this contract, unless the request proves objectively impracticable or proves excessively costly to the Supplier. Products displaying evident signs of tampering or faults caused by improper use or by external agents unrelated to manufacturing faults and/or defects shall not be covered by warranty.
11.4. Requests must be made in writing by email sent to [email protected], to the Supplier, which will express its intention to proceed with the claim – or reasons preventing it from proceeding – within 7 (seven) working days of receiving the request. This reply, where the Supplier has accepted the Buyer’s request, must indicate the procedure for shipping or returning the goods, as well as the deadline for returning or replacing the defective goods.
Obligations of the Buyer
12.1. The Buyer undertakes to pay the price of the goods bought according to the times and methods indicated in the contract.
12.2. The Buyer undertakes, once the online purchase process has been concluded, to print off and keep this contract received via email as an attachment.
12.3. Furthermore, the information contained in this contract has been read and accepted in electronic format by the Buyer – who acknowledges this fact – before confirming the order.
Right of withdrawal
13.1. The Buyer shall have, in any case, the right to withdraw from the contract concluded, with no penalty and without specifying the reason, within 15 (fifteen) days from the date of delivery of the goods purchased.
13.2. In the case that the Buyer decides to exercise the right of withdrawal, they must notify the Supplier via email sent to [email protected].
13.3. The Buyer must return the goods – under penalty of forfeiture of the right of withdrawal – no later than 15 (fifteen) days from the date of notification of withdrawal. In any case, the right to a full refund of the price paid shall be subject to the goods being returned intact, in their original packaging and unused by the Buyer.
13.4. For the purpose of exercising the right of withdrawal, in accordance with this article, the Buyer shall be responsible for the direct costs of returning the goods to the Supplier.
13.5. The Supplier shall refund the price paid by the Buyer once it has received the goods to be returned, without prejudice to the terms outlined in point 13.3 above in order that the Buyer may obtain the aforementioned refund.
13.6. Delivery of the email with which the Buyer sends notification of withdrawal, the Parties of this contract shall be relieved of their mutual obligations, without prejudice to the provisions of the previous points of this article.
Protection of confidentiality and processing of Buyer data
14.1. The Supplier shal protect the privacy of its customers and shall guarantee the compliance of personal data processing to the privacy regulations referred to in Leg. Decree no 196 of 30 June 2003. 196.
Notifications and complaints
15.1. Written notifications to the Supplier and any complaints shall be taken into consideration only if sent via email to the following address: [email protected]. The Buyer undertakes to indicate in the website registration form their home address or domicile, telephone number and email address to which they want the Supplier to send any notifications.