General Terms and Conditions of Online Sales
1. Scope of application
1.1. All sales contracts entered into between Golden Goose S.p.A., having its registered office in Milan (Italy), Via Privata Ercole Marelli 10 (the "Company"), and the user - acting as a consumer within the meaning of Section 3 of Legislative Decree no. 206/2005 (the "Consumer Code"), i.e., a natural person acting for purposes which are outside his trade, business or professional activity (the “User”) as a result of the submission of purchase orders via the website www.goldengoose.com (the "Site") or through the App Golden Goose Passport (the “App”) (hereinafter referred to jointly as the “Platforms”), shall be governed by these General Terms and Conditions of Online Sale ("General Conditions").
1.2. By purchasing any products on the Site and/or App, the User undertakes to comply with the General Conditions. If a User does not accept the General Conditions, he/she may not purchase products through the Site and/or App.
2. Amendments of the General Conditions
2.1. The Company reserves the right to make amendments to the General Conditions at any time should they be necessary to comply with changes in law or the Company’s sales procedures or for technical reasons. The updated version of the General Conditions will be published from time to time on the Platforms. In any case, the General Conditions applying to each purchase will be those in force at the moment of the submission of the purchase order.
3. Creation of an account
3.1. In order to purchase products on the Platforms, the User shall (i) create a new account on the Platforms on which he/she intends to make a purchase, or (ii) access the Platform using the authentication credentials obtained at the creation of his/her account on the Platform.
3.3. For the purposes of the creation of the account on each Platform, the User shall choose a password which he/she is required to keep secret as more particularly described in the Terms and Conditions of Use of the Site and/or the App. The User’s username will correspond to the e-mail address provided during the registration process.
3.4. Following his/her registration on the Platform, the User will receive confirmation of his/her successful registration via email to the address provided during the registration process.
3.5. Subsequently, the User may choose a payment method among those indicated at Article 8.1 below and submit his/her purchase order electronically to the Company.
3.6. The User may cancel his/her account at any time by sending an email to the Company at the address indicated in Article 14 below. Upon the receipt of this communication, any contractual relationship between the User and the Company - without prejudice to purchase orders already sent before the cancellation request - will be considered terminated and the User's username and password will be deleted.
4. Purchase as “Guest”
4.1. The User may purchase on through each Platform as a Guest without creating an account. In such circumstances the User will be required to (i) complete the fields in the specific login form on the Platform, providing all data required (by way of example: name, surname, invoicing and delivery address, e-mail address and telephone number), and (ii) accept the General Conditions.
5. Conclusion of the Purchase Agreement
5.1. By sending a purchase order by means of each Platform the User makes a binding offer to purchase the selected products and, thus, to enter into a purchase agreement, which will be governed in its entirety by the General Conditions (the "Agreement").
5.2. Upon the sending of the purchase order, the Company will send the User via email a confirmation of receipt of the order which contains the order number and any details of the order (the "Receipt Confirmation"). Notwithstanding this, the Agreement will only come into effect upon the Company’s express approval of the purchase order by means of an email confirming that the order has been shipped to the User ("Shipping Confirmation"). As a consequence, the User hereby acknowledges that the Receipt Confirmation will not constitute acceptance of the purchase order and that the Agreement will be considered entered into upon the receipt by the User of the Shipping Confirmation, pursuant to Article 9.2 below.
5.3. Before submitting the purchase order, the User shall check the purchase order summary to ensure all data provided is correct. Any errors in the insertion of the data may be corrected by the User using the specific data editing functions on the Platforms. Should the User become aware of any errors following submission of the purchase order, the User must contact the Company in the manner indicated in Article 14 to correct such errors.
5.4. The User shall retain the order number contained in the Receipt Confirmation in order to access the assistance service and for use in any other communication with the Company.
6. Products availability
6.1. The User may select for purchase only those products included in the catalogue published on the Platforms which are available at the moment the purchase order is approved by the Company. 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 periodic basis by the Company, which thus does not provide any warranties regarding the availability of certain products and/or any sizes/versions/colours of products displayed in the catalogue.
6.3. Each product is accompanied by a description of its main characteristics. Due to the settings of the computing systems or the device used by the User to view the Platforms, images and colours shown in the products' description might not correspond precisely to the actual features of the products. As a consequence, images on the Site shall be considered as indicative only.
6.4. The products on the Platforms will be available until stock exhaustion. If the product selected, even though selectable, is not available, the Company will promptly inform the User via email 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, it being understood that, if the User does not wish to accept the proposal, he/she will be promptly refunded for any payment already made. In case of acceptance of the alternative proposal by the User, to be sent via email to the address indicated in Article 14 below, the Agreement will be entered into at the User’s receipt of the Shipping Confirmation, pursuant to Article 5.2 above.
7. Product Prices
7.1. Unless specified otherwise on the Site, the sale prices are expressed in Euro and inclusive of VAT.
7.2. Any purchase order made by the User will be subject to the sale prices published online at the moment of its submission. Such prices may vary without any notice. The User will be responsible for checking the final price before submitting the purchase order.
7.3. All products' prices displayed on the Platforms are exclusive of shipping costs, which will be borne by the User in their entirety. Such costs will vary in accordance with the selected shipping method and will be indicated separately in the purchase order summary and the Receipt Confirmation.
8. Payments; Invoicing; refunds
8.1. The User may select one of the following payment methods:
8.1.1. Credit Card (Visa, MasterCard, American Express); or
8.2. The price shall be paid at the moment when the order is submitted in the case of payment by credit card or PayPal.
8.3. The Company reserves the right not to accept a purchase order in the event of failure to authorise payment by the manager of the payment method selected pursuant to Article 8.1. above.
8.4. Any refunds of the amounts paid to the Company by the User will be made by the same payment method selected by the User to complete the purchase. Refunds will be processed in accordance with the timing and the conditions provided for by the operators of such payment methods. In case of payment on delivery, refunds will be made by bank transfer to the account indicated by the User.
9. Product delivery
9.1. Products purchased on the Platforms will be delivered to the shipping address indicated by the User during the registration process or at the purchase of the product by means of express courier.
9.2. The User will receive the Shipping Confirmation, including a tracing code to monitor the shipping process, when the product is handed by the Company to the express courier.
9.3. The Company will use reasonable endeavours to deliver the product within 30 (thirty) days from the Receipt Confirmation.
9.4. Delivery is considered to be made at the time of the acquisition, by the User or a third party authorized by him/her, of the products, which will be proven by the signature of the order receipt at the agreed shipping address.
9.5. Upon the product’s delivery, the User shall check that the packaging is intact and without signs of damage, tampering or alteration. If the results of such checks are negative, the User shall immediately raise the issue to the courier, by refusing the product or accepting the same with reservation, to be written on the transport document. Furthermore, the User shall immediately inform the Company by contacting its customer service (the "Customer Service")as indicated in Article 14 below. .
9.6. In the event of non-delivery of a product due to the User’s absence on each attempt made by the courier’s delivery procedure, the courier will store the products at its warehouse or other location notified to the User until its collection by the User and in any case within the term indicated in the attempted delivery notice provided to the User. If a product is not collected within such deadline, it will be returned to the Company by the courier.
10. Declarations and Guarantees of the User
10.1. The User hereby declares and guarantees that:
10.1.1. he/she is eligible to legitimately enter into the Agreement;
10.1.2. he/she is at least 18 years old;
10.1.3. the personal data and other information communicated to the Company during the registration process and the purchase of a product are correct, truthful 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 and, in case of breach of this Article 10.1.3, to deactivate or suspend the User’s account; and
10.1.4. he/she will use the Platforms in compliance with all applicable laws and regulations, refraining from any direct and/or indirect use of the Platforms which is non-compliant with the applicable laws, these General Conditions or harmful to any third party rights.
10.2. The User undertakes to indemnify and hold the Company harmless 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 above, without prejudice to the Company’s right to terminate the Agreement with immediate effect pursuant to Article 1456 of the Italian Civil Code in any case of breach of such declarations and guarantees by the User.
11. Legal Warranty of Conformity
11.1. The products sold to the User through the Platforms are covered by the legal warranty of conformity set forth by Articles 128 et seq. of the Consumer Code ("Legal Warranty").
11.2. For Australian consumers only, the products come with guarantees that cannot be excluded under Australian Consumer Law. Users are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. Users are also entitled to have the products repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure. These rights apply regardless of anything set out in these General Conditions.
11.3. A major failure is defined as noncompliance with the relevant Australian Consumer Law guarantees and includes where:
11.3.1. the products would not have been acquired by a reasonable consumer fully acquainted with the nature and extent of the failure;
11.3.2. subject to Article 6.3, the products depart in one or more significant respects from any description they were supplied with;
11.3.3. the products are substantially unfit for a purpose for which products of the same kind are commonly supplied and they cannot, easily and within a reasonable time, be remedied to make them fit for such a purpose; or
11.3.4. the products are not of acceptable quality because they are unsafe.
11.4. 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.
11.5. If the User wishes to make a claim to which Article 11.2 applies, he or she must contact the Customer Service via email at the address indicated in Article 14. Such claim shall be reported by the form attached at the bottom of these General Conditions, which shall contain an accurate and complete description of the alleged defects or faults and photographs of the product to prove the reported defect(s). The Customer Service will promptly reply immediately to the User by sending him/her another form to be completed and providing instructions for the return of the product.
11.6. Should the Customer Service consider a claim to be valid based on the complaint received and the photographs thereto attached, the return of the relevant product to the Company will be at the Company’s expense. Should, however, the Customer Service, based on an analysis of the photographic documentation, consider that the claim is not proven, the User may return the product to the Company at his/her own expense so as to enable the Company to carry out a physical analysis of the product. The duly completed form received from the Customer Service following the complaint and the payment receipt, as well as any other document reasonably requested by the Company, shall be attached the product in relation to which the User is making the claim.
11.7. If there is a minor failure with a product, the Company may, at its discretion:
11.7.1. repair the product or to replace it, at the Company’s expense; or
11.7.2. provide a full refund of the purchase price.
11.8. If there is a major failure with a product, the User may request to the Company, at his/her discretion, either to:
11.8.1. keep the product and seek compensation for the reduction in value of the product; or
11.8.2. reject the product and obtain a full refund or replacement.
11.9. If the User’s claim under Article 11.2 is upheld by the Company, any expenses in terms of transport, repair or replacement of the product will be borne by the Company and, if transport costs were paid by the User pursuant to Article 11.4 above, they will be refunded by the Company. On the contrary, should the Company assess that the User’s claim under Article 11.2 has not been proven, the remedies in Articles 11.7 or 11.8 will not apply and all transport costs, whether borne by the User to send the product to the Company or vice versa, will be borne by the User. In such cases, the Company will inform the User to such effect and the product will be returned to the shipping address indicated by the User. In case of failure to deliver the product to the User or to a third party authorised by the latter, the product will be stored for a period of 15 days or longer, as indicated in the non-delivery notice provided to the User. Should this period expire without the User having collected the product, the Company will have the right to charge the storage costs to the User and to freely dispose of the product.
11.10. The User hereby acknowledges and accepts that, to the extent permitted by any applicable laws, any faults or damage caused by accidents, by fault on the part of the User, by non-complaint use of the product with respect 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 or cancel from the Agreement within 14 (fourteen) days without having to state any relevant reasons. 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 shall clearly declare his/her intention to withdraw from the Agreement by informing the Company to such effect. To such end the User may use the withdrawal form available at the bottom of these General Conditions, to be completed and sent to the Customer Service via email to the address indicated in Article 14.
12.3. To comply with the withdrawal deadline, the User shall send the communication concerning 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 such communication, it will send the User a receipt confirmation via email together with a returns label to correctly return the products to the Company.
12.4. In case of withdrawal, the Company will refund to the User the price of the returned products in full, as well as the initial shipping costs relating to the same, but will deduct any supplementary costs resulting from the User's choice for a type of delivery other than the least expensive offered by the Company. However, the shipping costs for the return of the product will be borne by the User.
12.5. In case of withdrawal, the User will be required to return the purchased products to the Company within 14 (fourteen) days running from the date on which he/she communicates his/her decision to withdraw from the Agreement. To return the product the User may use the courier service chosen by the Company. In such event, the User will not be required to pay directly the costs of the return as the Company will pay them on the User’s behalf and deduct such costs from the refund due to the latter. If the User decides to use this service, he/she shall indicate it in the form under Article 12.2. The User will then be required to contact the courier directly to proceed with the return. If the User at his/her discretion chooses to use a different courier from the one chosen by the Company, he/she will bear the relevant shipping costs in full.
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 of receipt of the withdrawal form by the Company. Nonetheless, the Company will be entitled to suspend the refund until the receipt of the returned products or until the User has demonstrated that he/she has sent the products back, depending on which situation occurs first. The refund will be made by the same mean of payment used for the initial transaction by the User, unless the User has made the payment by cash on delivery, in which case the return will be made by bank transfer.
12.7. The User will be required to return the products without having used them, in appropriate packaging and without having removed the original labels. The products’ packaging must be secure and sufficient in order to safeguard the original packaging from damage, extraneous writing or labels. If such conditions are not met, the Company will return the products to the User at the latter’s expense.
12.8. To return the products to the Company, the User shall print the filled in withdrawal form and sent it to the Customer Service, together with the return label as received pursuant to Article 12.3 above. The withdrawal form shall be inserted in 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 to exercise the right of withdrawal, he/she may contact the Customer Service at the addresses indicated in Article 14 below to obtain all necessary clarification.
13. Personal Data Protection
14.1. To receive assistance, make claims or request for information, the User could contact the Company at the following contacts: email@example.com or Customer Service +39 0223345330.
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:
16. Applicable Law and Competent Court
16.1. These General Conditions are governed in their entirety by the Italian law. Any dispute arising between the Parties in relation to the interpretation, performance or termination of the General Conditions and/or any Agreement will be subject to the exclusive competence of the Courts where the consumer has his/her residence or domicile, if located within Italian territory.
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. Photographs proving evidence of the asserted defects in the product should be attached to the form.