Terms of sale
GENERAL CONDITIONS OF SALE
1. These general conditions of sale (“General Conditions of Sale”) govern all sales of Products, as defined below, by Fede&co S.p.A. with registered office in Via Salvador Allende 161/D 84131, Salerno (Italy) through the website https://www.shoes.romeogiglimilano.it in the version published at the time of the Order.
In addition to the other definitions contained in these General Conditions of Sale, the terms below will have the following meanings when used with a capital letter, it being understood that the singular terms include the plural and vice versa:
• “Customer”: the natural person, registered on the Site, who purchases the Products and uses the related services;
• “Privacy Policy”: document containing the information that the Seller is required to provide pursuant to art. 13 of Reg. (EU) 2016/679 (“GDPR”) as Data Controller in relation to the processing of data provided by the Customer during the purchase of the Products;
• “Parties”: the Seller and the Customer jointly, as parties to the contract;
• “Products”: movable goods - such as leather goods, accessories, etc. branded RomeGigliMilano - displayed and sold at retail on the Site;
• “Site”: the e-commerce site https://www.shoes.romeogiglimilano.it / where the Products displayed can be purchased, with photographic images, price, colors, sizes, measurements and any other information useful to the Customer;
• “Seller”: the company Fede&Co S.r.l. with registered office in Via Salvador Allende 161/D 84131, Salerno (Italy), licensee of the Products and of the domain of the Site and of the RomeoGligliMilano brand.
2. Conditions and limits on the sale of Products
2.1 The Customer, in purchasing the products on the Site, declares that he/she is acting for purposes other than any commercial, entrepreneurial, artisanal or professional activity carried out and therefore as a “consumer” pursuant to consumer law, including Legislative Decree 206/2005 (hereinafter, “Consumer Code”).
2.2 The Customer accepts that, if he/she can be classified as a retailer, wholesaler or, in any case, as a person who intends to purchase the Products for the purpose of subsequent resale and/or who operates in the exercise of his/her entrepreneurial, commercial, artisanal or professional activity (including as an intermediary), these general contractual conditions will still apply, with the exception of:
• art. 7, for which the Customer will not be able to benefit from the guarantee indicated therein;
• art. 8, for which the Customer will not be granted the right of withdrawal regulated therein;
• art. 13 for which the Customer cannot invoke the mandatory provisions of the consumer protection legislation of the country in which he/she has his/her residence or appeal to the judge of the place where the latter is located;
• of any other protection provided in favor of the "consumer" Customer, which reflect mandatory provisions of law.
Furthermore, it is understood that if the Customer is not a "consumer" the application of the United Nations Convention on Contracts for the International Sale of Goods will in any case be excluded.
2.3 The Customer acknowledges and accepts that the Products can only be shipped to the countries present in the list that appears during the purchase procedure referred to in art. 3.1.
2.4 For the purposes of purchasing the Products, the Customer declares to be the person to whom the data entered on the Site (e.g. name and surname, e-mail address, shipping address, credit card, etc.) refer and/or to be entitled to provide them, guaranteeing their truthfulness and correctness and undertaking to hold the Seller harmless from any dispute, complaint, action, claim by third parties in relation to the processing of said data carried out by the same.
3. Method of purchasing the Products and conclusion of the contract
3.1 To purchase the Product, the Customer, after having inserted it in the appropriate virtual cart:
1. after reading the Privacy Policy, must enter the data necessary for the purchase, such as the address to which the selected Products are to be delivered, the billing data and a telephone number to be contacted for any communications relating to the purchase made, as well as any promotional codes, without prejudice to the provisions of art. 3.3;
2. by ticking the relevant “tick boxes”,
• you can request the invoice to be issued only before proceeding with the purchase by providing your billing information,
• you must accept these general contract conditions,
• you can give your consent to the storage of your credit card data to facilitate any future purchases, as well as to the processing of your personal data by the Seller for profiled marketing purposes, as better indicated in the Privacy Policy;
1. you must choose one of the shipping methods among those indicated in the following art. 4.4;
2. you must choose one of the payment methods and, unless he/she has chosen the “cash on delivery” method, make the payment, as better regulated by articles 5 and 6;
3. must check the accuracy of the data previously entered on the summary page and modify them in case of errors, and then click on “buy now”, definitively sending the purchase order to the Seller (hereinafter, “Order”).
4. 2 With the forwarding of the Order, the contract between the Parties is considered concluded.
5. 3 The Customer accepts that (i) where existing, the promotional codes proposed on the Site are valid only for the Products and for the period of time indicated from time to time, (ii) the promotional codes are not refundable and cannot be cumulated and that (iii) to take advantage of the discounts and/or offers linked to the promotional codes, the Customer who is in possession of them must enter the promotional code in the appropriate space on the Site during the procedure referred to in art. 3.1 above. It is understood that an Order cannot be cancelled or renewed to allow the use of a promotional code not previously entered by the Customer at the time of the Order.
4. Execution of the contract and delivery of the Product
4.1 When the Seller has received the Order, it will send a summary communication by email, including the detailed indication of the price, shipping costs and applicable taxes, the essential characteristics of the chosen Product, as well as the link to these contractual conditions in a downloadable and storable format.
4.2 Once the purchased Product has been shipped, the Customer will receive an email confirming the shipment and will be able to check the status of the shipment through the specific tracking code provided.
4.3 Shipping in Italy provides for delivery in approximately 1-4 working days throughout the national territory/in most Italian locations and with flexible methods. In any case, the Seller undertakes to carry out the delivery within a maximum of 30 (thirty) days from the day of sending the confirmation email referred to in art. 4.1. above, without prejudice to the provisions of art. 61 of the Consumer Code.
4.4 The Parties acknowledge that:
• if the Customer is absent at the time of delivery at the address indicated by the Customer, a further delivery attempt is guaranteed; in this case, the courier will leave a notice to inform the Customer that a second delivery attempt will be made on the following working day;
• if the Customer is also absent on that day (second attempt), the Customer will be contacted by the carrier in order to organize a new delivery attempt of the Product subject to the Order. If this attempt is also unsuccessful, the Product will be placed in so-called "storage" for 10 days in the carrier's branch closest to the shipping address indicated by the Customer. During this period, the Customer will be contacted by the Seller's customer service in order to unblock said storage. If the Product is not collected within the storage period, the Order will be considered cancelled and the carrier will return the Product to the Seller, who will refund any sums already paid by the Customer using the same means of payment (net of the return costs incurred by the Seller).
4.5 The Customer undertakes to promptly check and no later than 8 (eight) days after delivery that the latter includes all and only the Products purchased and to promptly inform the Seller of any defects in the products received or their non-conformity with the Order. If the packaging and/or wrapping of the Products ordered by the Customer should arrive at their destination clearly damaged, the Customer is invited to refuse delivery by the carrier or to accept delivery "with reservation". Once the above deadline has elapsed without the Customer having raised any objections, the Products delivered will be considered definitively accepted, without prejudice to the provisions of the following articles. 7 and 8.
4.7 The Customer acknowledges and accepts that the stocks of Products are limited and that, therefore, the information reported on the Site regarding the availability of the Products is purely indicative and that some Products may not be available (e.g. because they are out of stock). In the event of impossibility to execute the Order due to the unavailability, even temporary, of the Product, the Seller will communicate this to the Customer within 30 days of receiving the Order itself, providing for the reimbursement of any sums already paid by the latter using the same means of payment.
4.8 The Seller reserves the right not to execute the Order where the Customer is a person with whom the Seller has or has had a legal dispute, who has been involved in fraud of any kind (including those relating to credit card payments and/or release of identification data that proves to be false/incomplete), in any case providing for the reimbursement of any sums already paid by the latter using the same means of payment.
5. Price and any customs clearance costs
5.1 The Parties agree that the price of the Product is that indicated on the page of the Site referred to in art. 3.1 point 5 (the “summary” page) and is inclusive of standard packaging costs, VAT (at the VAT rate applicable on the day of the Order) and any additional taxes (if applicable), to which are added the shipping costs that are calculated based on the place where the Product must be delivered and the payment method chosen based on the provisions of art. 6 - in particular, the “cash on delivery” method referred to in art. 6 letter c entails the additional cost of Euro 3.99€ - which the Customer undertakes to pay to the Seller in addition to the price of the Product.
5.2 The Customer therefore undertakes to pay the Seller the total price referred to in the previous paragraph, as reported in the order referred to in art. 3.1 point 6 and in the Order confirmation sent by email to the Customer referred to in art. 4.1 (hereinafter, “Price”).
6. Payments
6.1 The Customer may pay the Price to the Seller using one of these payment methods:
a. credit card, as better indicated in the following art. 6.2;
b. PayPal or Google Pay or Shop Pay (after choosing this payment method, the Customer will be redirected to the relevant website, where he/she will have to enter his/her data, which will be processed only by the companies that provide these services, and proceed with the payment);
c. cd. “cash on delivery”, i.e. payment in cash upon delivery of the Product. The Customer must prepare the exact amount in cash as the carrier may not be able to give change.
6.2 With regard to the payment method referred to in art. 6.1, letter a., the Customer acknowledges that the Seller accepts Visa, MasterCard, American Express, Maestro credit cards, as well as any additional cards that may be introduced on the Site and that the Customer can view and select in the phase indicated in art. 3.1, no. 4. The Seller will do everything possible to ensure maximum security for Customers thanks to the most widely used encryption solution on the market.
By using Shopify Payments, all transactions are protected and confidential information is transmitted over the Internet only in encrypted form, i.e. coded according to a complex mathematical algorithm that guarantees its unreadability by third parties. The payment process is guaranteed by the Shopify Payments system. After entering the details of their card, the Customer will be transferred to their bank's website where they will be asked to identify themselves (according to their own procedure: e.g. confirmation via app). The Customer's payment data (credit card number, credit card expiration date, etc.) will never come into the possession and/or knowledge of the Seller.
6.3 The Customer acknowledges and accepts that, for security, fraud prevention and/or credit protection purposes of the Seller, the latter may request information and/or supporting documents from the Customer (e.g. request a copy of the identity card and/or some identification numbers of the credit card used) and to apply the measures deemed necessary (e.g. cancellation of the Order or deactivation of the personal profile "my account") and that, after 10 (ten) days from the date of invoicing or notification of refusal of bank payment or any unsuccessful payment attempt, the legal interest rate increased by three points will be applicable to the amount due and, consequently, the shipment of any other new Order may be suspended until the previous Order has been successfully paid.
7. Legal guarantee of conformity of the Seller, reporting of defects of conformity and interventions under warranty
7.1 The Parties acknowledge that the Products are covered by a legal guarantee of conformity in application of articles 128 et seq. of the Consumer Code and, in particular, that the Customer has the right - in the event of non-conformity of the Product (e.g. any manufacturing defects), in compliance with what is specified in the following paragraph - to have the conformity of the same restored, at no cost to the Customer, by replacing the Product or refunding the Price.
7.2 Under penalty of forfeiture, the Customer has the obligation to report any non-conformities within and no later than 2 (two) months from the discovery of the lack of conformity, by writing to Shoes@romeogiglimilano.it indicating in the subject of the email "Damaged, non-compliant or incorrectly shipped Product", reporting the non-conformity found and attaching (i) at least 1 (one) photograph of the Product in which the defect is clearly visible and (ii) the confirmation of the Order and/or the receipt. Subsequently, the Customer will receive an e-mail communication with the instructions for proceeding with the shipment of the Product so that the Seller can verify the actual existence of the non-conformity. Where the latter is ascertained by the Seller, the latter will proceed with the replacement of the Product or the refund of the Price with the same payment method used by the Customer (in the case of cash on delivery, by bank transfer to the coordinates indicated by the Customer).
7.3 It remains understood that the action aimed at asserting defects not fraudulently concealed by the Seller expires, in any case, within the term of 26 (twenty-six) months from delivery of the Product, without prejudice to the right of the Customer to assert defects of conformity promptly reported.
8. Right of withdrawal – conditions for the return of the Products
8.1 Without prejudice to the exceptions set forth in art. 59 of the Consumer Code, the Customer is entitled to withdraw from the contract (as per art. 52 et seq. of the Consumer Code), without having to provide any reason and without any penalty, within 14 (fourteen) days from the date of delivery of the Product, following the instructions published on the Site in the "Returns" section.
8.2 It is understood that the right to withdraw from the contract may be exercised provided that:
• the Products to be returned have not been worn, ironed, washed or treated in any way;
• the Products are returned in the same conditions in which they were shipped to the Customer and, in particular, are packaged and wrapped appropriately and the Product labels, both fabric and hanging, are intact;
• the Product to be returned must be physically delivered to the courier for the purposes of return no later than 30 days from the date of delivery of the Product;
• the return instructions referred to in the preceding paragraph are correctly followed.
8.3 Once the product has been returned by the Customer, the Seller will assess the condition of the Product and, if it finds that one or more of the above conditions have not been met, reserves the right not to accept the returned Product and to send it back to the Customer at the latter's expense, or to charge the latter for any costs that may be necessary to ensure its re-sale.
8.4 It is also understood that the return shipment of the Product is at the Customer's risk and peril and, therefore, the Seller cannot be held responsible for losses or damages attributable to the Customer (e.g. inadequate packaging).
8.5 In the event of withdrawal, to the extent that the Customer has complied with the return instructions and the conditions specified respectively in the previous articles. 8.1 and 8.2, the Seller will send the latter a confirmation email and will refund the Price - net of any duties or taxes applied to the return shipment or any costs of returning the product - within 30 days of sending such email with the same payment method (in the case of cash on delivery, by bank transfer to the coordinates indicated by the Customer). It is understood that, as better indicated in the "Returns" section of the Site, in the case of a so-called "partial" withdrawal - that is, when the Customer, having placed an Order for multiple Products, decides to return only a part of them (e.g. by returning one Product out of three purchased in total) - the delivery costs will be refunded in proportion to the number of Products returned.
9. RETURN REQUEST
The Buyer must communicate the intention to withdraw from the purchase contract by e-
mail to Shoes@romeogiglimilano.it or by registered letter to RomeoGigliMilano, at Fede&co via Salvador Allende, 161/D 84131 Salerno (Italy) ) without prejudice to the evidentiary relevance of each means.
The withdrawal communication must contain the following information:
1. Date of purchase;
2. Name and surname of the buyer;
3. Contact email;
4. Telephone number of the buyer;
5. Address for the collection of the goods to be returned;
6. Order reference code;
7. Specifications of the goods to be returned;
8. Reason for withdrawal (change of size, damaged goods, etc.).
The Seller will collect the goods to be returned at its own expense at the address indicated
by the Buyer. The Buyer will package the goods to be returned and will agree with the Seller the day and time for the collection of the packaging via Express Courier. The packaging must
report the name and surname of the Buyer, the order reference code and the
delivery address " RomeoGigliMilano, at Fede&co via Salvador Allende, 161/D 84131 Salerno (Italy) )
10 Product Characteristics
10.1 The Customer can access information on the Products by browsing the Site catalog, where he can find, in particular, information on the main characteristics of the same (images, description, available colors, price, etc.).
10.2 The Customer recognizes and accepts that the images of the Products tti shown on the Site must be considered indicative since, although the Seller adopts measures aimed at doing everything possible to ensure that the photographs are faithful reproductions of the Products, variations are possible due to the technical characteristics (e.g. color resolution) of the device used by the Customer to navigate the Site and that, therefore, the images of the Products shown may not correspond to the real ones. Therefore, the Seller will not be considered responsible for any discrepancies between images and delivered Product due to the aforementioned reasons.
10.3 The prices, the Products for sale on the Site and/or their characteristics are subject to change without notice and it is therefore the Customer's responsibility to check such information again before proceeding with the Order.
11 Customer care
The Customer may use the customer care services in relation to his/her Order (request for further information on the Products, reports of poor service or aspects of the Site to be improved, questions on return methods, complaints, etc.), using the “contact us” service on the Site, without prejudice to the right to contact the Seller at the references indicated in art. 1.
12 Intellectual property rights
12.1 The Customer declares to be informed that all trademarks, names, as well as any distinctive sign, denomination, image, photograph, written or graphic text used on the Site or relating to the Products are and remain the exclusive property of the Seller and/or its assignees, without access to the Site and/or the purchase of the Products being able to derive any right over the same.
12.2 It is understood that the contents of the Site cannot be reproduced, either in full or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of the Seller.
13 Applicable law, competent court and conciliation attempt
13.1 The contract is governed by Italian law and will be interpreted in accordance with it, without prejudice to the applicability of the mandatory provisions of the legislation of the country in which the Customer, as a consumer, has his/her residence.
13.2 In the event of disputes between the Parties, the Customer has the right to (i) avail of the joint conciliation procedure (which can be used after 45 days from the date of sending a written complaint) by sending the request to the e-mail address conciliazione@consorzionetcomm.it or to the fax number 02/87181126 (for further information, please refer to the relevant website) or (ii) access the European Online Dispute Resolution platform, developed and managed by the European Commission, in compliance with Directive 2013/11/EU and Regulation (EU) 2013/524, in order to facilitate the extrajudicial resolution of disputes concerning contractual obligations arising from online sales or service contracts between a consumer resident in the European Union and a professional established in the European Union through the intervention of an ADR (“alternative dispute resolution”) body that has joined it, selectable from a specific list available there. For more information on this platform or to initiate, through it, an alternative dispute resolution procedure for a dispute relating to the contract, the Customer can access the following link: http://ec.europa.eu/odr
13.3 For all disputes relating to the contract between the Parties, the Customer may take action before the judge of the place of residence or domicile or, at his choice, before the competent Court
1. These general conditions of sale (“General Conditions of Sale”) govern all sales of Products, as defined below, by Fede&co S.p.A. with registered office in Via Salvador Allende 161/D 84131, Salerno (Italy) through the website https://www.shoes.romeogiglimilano.it in the version published at the time of the Order.
In addition to the other definitions contained in these General Conditions of Sale, the terms below will have the following meanings when used with a capital letter, it being understood that the singular terms include the plural and vice versa:
• “Customer”: the natural person, registered on the Site, who purchases the Products and uses the related services;
• “Privacy Policy”: document containing the information that the Seller is required to provide pursuant to art. 13 of Reg. (EU) 2016/679 (“GDPR”) as Data Controller in relation to the processing of data provided by the Customer during the purchase of the Products;
• “Parties”: the Seller and the Customer jointly, as parties to the contract;
• “Products”: movable goods - such as leather goods, accessories, etc. branded RomeGigliMilano - displayed and sold at retail on the Site;
• “Site”: the e-commerce site https://www.shoes.romeogiglimilano.it / where the Products displayed can be purchased, with photographic images, price, colors, sizes, measurements and any other information useful to the Customer;
• “Seller”: the company Fede&Co S.r.l. with registered office in Via Salvador Allende 161/D 84131, Salerno (Italy), licensee of the Products and of the domain of the Site and of the RomeoGligliMilano brand.
2. Conditions and limits on the sale of Products
2.1 The Customer, in purchasing the products on the Site, declares that he/she is acting for purposes other than any commercial, entrepreneurial, artisanal or professional activity carried out and therefore as a “consumer” pursuant to consumer law, including Legislative Decree 206/2005 (hereinafter, “Consumer Code”).
2.2 The Customer accepts that, if he/she can be classified as a retailer, wholesaler or, in any case, as a person who intends to purchase the Products for the purpose of subsequent resale and/or who operates in the exercise of his/her entrepreneurial, commercial, artisanal or professional activity (including as an intermediary), these general contractual conditions will still apply, with the exception of:
• art. 7, for which the Customer will not be able to benefit from the guarantee indicated therein;
• art. 8, for which the Customer will not be granted the right of withdrawal regulated therein;
• art. 13 for which the Customer cannot invoke the mandatory provisions of the consumer protection legislation of the country in which he/she has his/her residence or appeal to the judge of the place where the latter is located;
• of any other protection provided in favor of the "consumer" Customer, which reflect mandatory provisions of law.
Furthermore, it is understood that if the Customer is not a "consumer" the application of the United Nations Convention on Contracts for the International Sale of Goods will in any case be excluded.
2.3 The Customer acknowledges and accepts that the Products can only be shipped to the countries present in the list that appears during the purchase procedure referred to in art. 3.1.
2.4 For the purposes of purchasing the Products, the Customer declares to be the person to whom the data entered on the Site (e.g. name and surname, e-mail address, shipping address, credit card, etc.) refer and/or to be entitled to provide them, guaranteeing their truthfulness and correctness and undertaking to hold the Seller harmless from any dispute, complaint, action, claim by third parties in relation to the processing of said data carried out by the same.
3. Method of purchasing the Products and conclusion of the contract
3.1 To purchase the Product, the Customer, after having inserted it in the appropriate virtual cart:
1. after reading the Privacy Policy, must enter the data necessary for the purchase, such as the address to which the selected Products are to be delivered, the billing data and a telephone number to be contacted for any communications relating to the purchase made, as well as any promotional codes, without prejudice to the provisions of art. 3.3;
2. by ticking the relevant “tick boxes”,
• you can request the invoice to be issued only before proceeding with the purchase by providing your billing information,
• you must accept these general contract conditions,
• you can give your consent to the storage of your credit card data to facilitate any future purchases, as well as to the processing of your personal data by the Seller for profiled marketing purposes, as better indicated in the Privacy Policy;
1. you must choose one of the shipping methods among those indicated in the following art. 4.4;
2. you must choose one of the payment methods and, unless he/she has chosen the “cash on delivery” method, make the payment, as better regulated by articles 5 and 6;
3. must check the accuracy of the data previously entered on the summary page and modify them in case of errors, and then click on “buy now”, definitively sending the purchase order to the Seller (hereinafter, “Order”).
4. 2 With the forwarding of the Order, the contract between the Parties is considered concluded.
5. 3 The Customer accepts that (i) where existing, the promotional codes proposed on the Site are valid only for the Products and for the period of time indicated from time to time, (ii) the promotional codes are not refundable and cannot be cumulated and that (iii) to take advantage of the discounts and/or offers linked to the promotional codes, the Customer who is in possession of them must enter the promotional code in the appropriate space on the Site during the procedure referred to in art. 3.1 above. It is understood that an Order cannot be cancelled or renewed to allow the use of a promotional code not previously entered by the Customer at the time of the Order.
4. Execution of the contract and delivery of the Product
4.1 When the Seller has received the Order, it will send a summary communication by email, including the detailed indication of the price, shipping costs and applicable taxes, the essential characteristics of the chosen Product, as well as the link to these contractual conditions in a downloadable and storable format.
4.2 Once the purchased Product has been shipped, the Customer will receive an email confirming the shipment and will be able to check the status of the shipment through the specific tracking code provided.
4.3 Shipping in Italy provides for delivery in approximately 1-4 working days throughout the national territory/in most Italian locations and with flexible methods. In any case, the Seller undertakes to carry out the delivery within a maximum of 30 (thirty) days from the day of sending the confirmation email referred to in art. 4.1. above, without prejudice to the provisions of art. 61 of the Consumer Code.
4.4 The Parties acknowledge that:
• if the Customer is absent at the time of delivery at the address indicated by the Customer, a further delivery attempt is guaranteed; in this case, the courier will leave a notice to inform the Customer that a second delivery attempt will be made on the following working day;
• if the Customer is also absent on that day (second attempt), the Customer will be contacted by the carrier in order to organize a new delivery attempt of the Product subject to the Order. If this attempt is also unsuccessful, the Product will be placed in so-called "storage" for 10 days in the carrier's branch closest to the shipping address indicated by the Customer. During this period, the Customer will be contacted by the Seller's customer service in order to unblock said storage. If the Product is not collected within the storage period, the Order will be considered cancelled and the carrier will return the Product to the Seller, who will refund any sums already paid by the Customer using the same means of payment (net of the return costs incurred by the Seller).
4.5 The Customer undertakes to promptly check and no later than 8 (eight) days after delivery that the latter includes all and only the Products purchased and to promptly inform the Seller of any defects in the products received or their non-conformity with the Order. If the packaging and/or wrapping of the Products ordered by the Customer should arrive at their destination clearly damaged, the Customer is invited to refuse delivery by the carrier or to accept delivery "with reservation". Once the above deadline has elapsed without the Customer having raised any objections, the Products delivered will be considered definitively accepted, without prejudice to the provisions of the following articles. 7 and 8.
4.7 The Customer acknowledges and accepts that the stocks of Products are limited and that, therefore, the information reported on the Site regarding the availability of the Products is purely indicative and that some Products may not be available (e.g. because they are out of stock). In the event of impossibility to execute the Order due to the unavailability, even temporary, of the Product, the Seller will communicate this to the Customer within 30 days of receiving the Order itself, providing for the reimbursement of any sums already paid by the latter using the same means of payment.
4.8 The Seller reserves the right not to execute the Order where the Customer is a person with whom the Seller has or has had a legal dispute, who has been involved in fraud of any kind (including those relating to credit card payments and/or release of identification data that proves to be false/incomplete), in any case providing for the reimbursement of any sums already paid by the latter using the same means of payment.
5. Price and any customs clearance costs
5.1 The Parties agree that the price of the Product is that indicated on the page of the Site referred to in art. 3.1 point 5 (the “summary” page) and is inclusive of standard packaging costs, VAT (at the VAT rate applicable on the day of the Order) and any additional taxes (if applicable), to which are added the shipping costs that are calculated based on the place where the Product must be delivered and the payment method chosen based on the provisions of art. 6 - in particular, the “cash on delivery” method referred to in art. 6 letter c entails the additional cost of Euro 3.99€ - which the Customer undertakes to pay to the Seller in addition to the price of the Product.
5.2 The Customer therefore undertakes to pay the Seller the total price referred to in the previous paragraph, as reported in the order referred to in art. 3.1 point 6 and in the Order confirmation sent by email to the Customer referred to in art. 4.1 (hereinafter, “Price”).
6. Payments
6.1 The Customer may pay the Price to the Seller using one of these payment methods:
a. credit card, as better indicated in the following art. 6.2;
b. PayPal or Google Pay or Shop Pay (after choosing this payment method, the Customer will be redirected to the relevant website, where he/she will have to enter his/her data, which will be processed only by the companies that provide these services, and proceed with the payment);
c. cd. “cash on delivery”, i.e. payment in cash upon delivery of the Product. The Customer must prepare the exact amount in cash as the carrier may not be able to give change.
6.2 With regard to the payment method referred to in art. 6.1, letter a., the Customer acknowledges that the Seller accepts Visa, MasterCard, American Express, Maestro credit cards, as well as any additional cards that may be introduced on the Site and that the Customer can view and select in the phase indicated in art. 3.1, no. 4. The Seller will do everything possible to ensure maximum security for Customers thanks to the most widely used encryption solution on the market.
By using Shopify Payments, all transactions are protected and confidential information is transmitted over the Internet only in encrypted form, i.e. coded according to a complex mathematical algorithm that guarantees its unreadability by third parties. The payment process is guaranteed by the Shopify Payments system. After entering the details of their card, the Customer will be transferred to their bank's website where they will be asked to identify themselves (according to their own procedure: e.g. confirmation via app). The Customer's payment data (credit card number, credit card expiration date, etc.) will never come into the possession and/or knowledge of the Seller.
6.3 The Customer acknowledges and accepts that, for security, fraud prevention and/or credit protection purposes of the Seller, the latter may request information and/or supporting documents from the Customer (e.g. request a copy of the identity card and/or some identification numbers of the credit card used) and to apply the measures deemed necessary (e.g. cancellation of the Order or deactivation of the personal profile "my account") and that, after 10 (ten) days from the date of invoicing or notification of refusal of bank payment or any unsuccessful payment attempt, the legal interest rate increased by three points will be applicable to the amount due and, consequently, the shipment of any other new Order may be suspended until the previous Order has been successfully paid.
7. Legal guarantee of conformity of the Seller, reporting of defects of conformity and interventions under warranty
7.1 The Parties acknowledge that the Products are covered by a legal guarantee of conformity in application of articles 128 et seq. of the Consumer Code and, in particular, that the Customer has the right - in the event of non-conformity of the Product (e.g. any manufacturing defects), in compliance with what is specified in the following paragraph - to have the conformity of the same restored, at no cost to the Customer, by replacing the Product or refunding the Price.
7.2 Under penalty of forfeiture, the Customer has the obligation to report any non-conformities within and no later than 2 (two) months from the discovery of the lack of conformity, by writing to Shoes@romeogiglimilano.it indicating in the subject of the email "Damaged, non-compliant or incorrectly shipped Product", reporting the non-conformity found and attaching (i) at least 1 (one) photograph of the Product in which the defect is clearly visible and (ii) the confirmation of the Order and/or the receipt. Subsequently, the Customer will receive an e-mail communication with the instructions for proceeding with the shipment of the Product so that the Seller can verify the actual existence of the non-conformity. Where the latter is ascertained by the Seller, the latter will proceed with the replacement of the Product or the refund of the Price with the same payment method used by the Customer (in the case of cash on delivery, by bank transfer to the coordinates indicated by the Customer).
7.3 It remains understood that the action aimed at asserting defects not fraudulently concealed by the Seller expires, in any case, within the term of 26 (twenty-six) months from delivery of the Product, without prejudice to the right of the Customer to assert defects of conformity promptly reported.
8. Right of withdrawal – conditions for the return of the Products
8.1 Without prejudice to the exceptions set forth in art. 59 of the Consumer Code, the Customer is entitled to withdraw from the contract (as per art. 52 et seq. of the Consumer Code), without having to provide any reason and without any penalty, within 14 (fourteen) days from the date of delivery of the Product, following the instructions published on the Site in the "Returns" section.
8.2 It is understood that the right to withdraw from the contract may be exercised provided that:
• the Products to be returned have not been worn, ironed, washed or treated in any way;
• the Products are returned in the same conditions in which they were shipped to the Customer and, in particular, are packaged and wrapped appropriately and the Product labels, both fabric and hanging, are intact;
• the Product to be returned must be physically delivered to the courier for the purposes of return no later than 30 days from the date of delivery of the Product;
• the return instructions referred to in the preceding paragraph are correctly followed.
8.3 Once the product has been returned by the Customer, the Seller will assess the condition of the Product and, if it finds that one or more of the above conditions have not been met, reserves the right not to accept the returned Product and to send it back to the Customer at the latter's expense, or to charge the latter for any costs that may be necessary to ensure its re-sale.
8.4 It is also understood that the return shipment of the Product is at the Customer's risk and peril and, therefore, the Seller cannot be held responsible for losses or damages attributable to the Customer (e.g. inadequate packaging).
8.5 In the event of withdrawal, to the extent that the Customer has complied with the return instructions and the conditions specified respectively in the previous articles. 8.1 and 8.2, the Seller will send the latter a confirmation email and will refund the Price - net of any duties or taxes applied to the return shipment or any costs of returning the product - within 30 days of sending such email with the same payment method (in the case of cash on delivery, by bank transfer to the coordinates indicated by the Customer). It is understood that, as better indicated in the "Returns" section of the Site, in the case of a so-called "partial" withdrawal - that is, when the Customer, having placed an Order for multiple Products, decides to return only a part of them (e.g. by returning one Product out of three purchased in total) - the delivery costs will be refunded in proportion to the number of Products returned.
9. RETURN REQUEST
The Buyer must communicate the intention to withdraw from the purchase contract by e-
mail to Shoes@romeogiglimilano.it or by registered letter to RomeoGigliMilano, at Fede&co via Salvador Allende, 161/D 84131 Salerno (Italy) ) without prejudice to the evidentiary relevance of each means.
The withdrawal communication must contain the following information:
1. Date of purchase;
2. Name and surname of the buyer;
3. Contact email;
4. Telephone number of the buyer;
5. Address for the collection of the goods to be returned;
6. Order reference code;
7. Specifications of the goods to be returned;
8. Reason for withdrawal (change of size, damaged goods, etc.).
The Seller will collect the goods to be returned at its own expense at the address indicated
by the Buyer. The Buyer will package the goods to be returned and will agree with the Seller the day and time for the collection of the packaging via Express Courier. The packaging must
report the name and surname of the Buyer, the order reference code and the
delivery address " RomeoGigliMilano, at Fede&co via Salvador Allende, 161/D 84131 Salerno (Italy) )
10 Product Characteristics
10.1 The Customer can access information on the Products by browsing the Site catalog, where he can find, in particular, information on the main characteristics of the same (images, description, available colors, price, etc.).
10.2 The Customer recognizes and accepts that the images of the Products tti shown on the Site must be considered indicative since, although the Seller adopts measures aimed at doing everything possible to ensure that the photographs are faithful reproductions of the Products, variations are possible due to the technical characteristics (e.g. color resolution) of the device used by the Customer to navigate the Site and that, therefore, the images of the Products shown may not correspond to the real ones. Therefore, the Seller will not be considered responsible for any discrepancies between images and delivered Product due to the aforementioned reasons.
10.3 The prices, the Products for sale on the Site and/or their characteristics are subject to change without notice and it is therefore the Customer's responsibility to check such information again before proceeding with the Order.
11 Customer care
The Customer may use the customer care services in relation to his/her Order (request for further information on the Products, reports of poor service or aspects of the Site to be improved, questions on return methods, complaints, etc.), using the “contact us” service on the Site, without prejudice to the right to contact the Seller at the references indicated in art. 1.
12 Intellectual property rights
12.1 The Customer declares to be informed that all trademarks, names, as well as any distinctive sign, denomination, image, photograph, written or graphic text used on the Site or relating to the Products are and remain the exclusive property of the Seller and/or its assignees, without access to the Site and/or the purchase of the Products being able to derive any right over the same.
12.2 It is understood that the contents of the Site cannot be reproduced, either in full or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of the Seller.
13 Applicable law, competent court and conciliation attempt
13.1 The contract is governed by Italian law and will be interpreted in accordance with it, without prejudice to the applicability of the mandatory provisions of the legislation of the country in which the Customer, as a consumer, has his/her residence.
13.2 In the event of disputes between the Parties, the Customer has the right to (i) avail of the joint conciliation procedure (which can be used after 45 days from the date of sending a written complaint) by sending the request to the e-mail address conciliazione@consorzionetcomm.it or to the fax number 02/87181126 (for further information, please refer to the relevant website) or (ii) access the European Online Dispute Resolution platform, developed and managed by the European Commission, in compliance with Directive 2013/11/EU and Regulation (EU) 2013/524, in order to facilitate the extrajudicial resolution of disputes concerning contractual obligations arising from online sales or service contracts between a consumer resident in the European Union and a professional established in the European Union through the intervention of an ADR (“alternative dispute resolution”) body that has joined it, selectable from a specific list available there. For more information on this platform or to initiate, through it, an alternative dispute resolution procedure for a dispute relating to the contract, the Customer can access the following link: http://ec.europa.eu/odr
13.3 For all disputes relating to the contract between the Parties, the Customer may take action before the judge of the place of residence or domicile or, at his choice, before the competent Court