General Terms and Conditions of Online Sales
1. Scope of application
1.1. THESE GENERAL TERMS AND CONDITIONS OF ONLINE SALE ("GENERAL CONDITIONS") WILL APPLY TO ALL SALES CONCLUDED BETWEEN GOLDEN GOOSE S.P.A., VIA PRIVATA ERCOLE MARELLI 10, MILAN - ITALY OR GOLDEN GOOSE USA INC., 11 BROADWAY 368, NEW YORK, STATE OF NEW YORK 10004, NEW YORK, USA (JOINTLY THE "COMPANY"), AND CONSUMERS PURCHASING PRODUCTS FROM THE COMPANY FOR PERSONAL USE, I.E., A NATURAL PERSON ACTING FOR PURPOSES NOT CONSTITUTING BUSINESS, COMMERCIAL, ARTISAN OR PROFESSIONAL ACTIVITIES (THE “USER”) VIA ORDERS SUBMITTED ELECTRONICALLY THROUGH THE WEBSITE WWW.GOLDENGOOSE.COM (THE "SITE") OR VIA THE APP GOLDEN GOOSE PASSPORT (THE “APP”) (HEREINAFTER REFERRED TO JOINTLY AS TO THE “PLATFORMS”). BY SUBMITTING AN ORDER TO PURCHASE PRODUCTS VIA THE SITE AND/OR APP (A “PURCHASE ORDER”), THE USER ACKNOWLEDGES THAT HE OR SHE IS AT LEAST 18 YEARS OF AGE, THAT HE OR SHE HAS REVIEWED AND ACCEPTS THESE GENERAL CONDITIONS, AND THAT HE OR SHE AGREES TO BE BOUND BY ALL OF ITS TERMS. IF THE USER IS NOT 18 YEARS OF AGE OR DOES NOT AGREE WITH ALL OF THE TERMS OF THESE GENERAL CONDITIONS, THE USER MAY NOT PURCHASE PRODUCTS VIA THE PLATFORMS.
2. Amendment of the General Conditions
2.1. The Company reserves the right to make amendments to these General Conditions at any time. The updated version of the General Conditions will be published from time to time on the Platforms. In any case, the version of the General Conditions applied to any purchase will be that in force at the time the applicable Purchase Order is submitted.
4. Purchasing as a “Guest”
5.1. Submitting a Purchase Order through each Platform will constitute an offer from the User to purchase the selected products under the terms of these General Conditions. The User should carefully review the Purchase Order summary to ensure all data provided are correct. Any errors may be corrected prior to submitting the Purchase Order. Should there be errors of which the User becomes aware only after having signed the Purchase Order, corrections may be made by contacting the Company in the manner described in Article 14.
5.2. Once the Purchase Order has been received, the Company will send the User an e-mail acknowledging receipt of the Purchase Order and containing the order number and the details of the order (the "Receipt Confirmation"). Please note that the Receipt Confirmation is confirmation of receipt of the User’s Purchase Order only and does not mean that the Purchase Order has been accepted.
5.3. The User should retain the order number contained in the Receipt Confirmation for use in any communication with the Company relating to the applicable Purchase Order.
6. Availability of Products
6.1. The images of the products on the Platforms are for illustrative purposes only. Although the Company has made every effort to display the colors accurately, the Company cannot guarantee that the User’s computer's display of the colors accurately reflects the color of the products and the products the User receives may vary from those images.
6.2. All products shown on the Platform are subject to availability and the Company does not provide any guarantee of a product’s availability or of the availability of all sizes/versions of all products/colors displayed. The range of products offered on the Platform is also subject to change without prior notice and the Company reserves the right from time to time, to withdraw or cease to make available any or all of the products from the Platform. If the product selected is not available even though selected, the Company will inform the User by e-mail sent to the address provided by the User. If the product is permanently unavailable, the Company will propose one or more alternative products to the User. If the User does not wish to accept the proposal, he or she will be promptly refunded any amount he or she may have already paid for such product.
7. Product Prices
7.1. All prices are expressed in US Dollars and are exclusive of applicable sales taxes.
7.2. The price applicable to the User will be those published online at the time the Purchase Order is submitted. Such prices are subject to change without notice. The User is responsible for checking the final price prior to submitting the Purchase Order.
7.3. All prices displayed on the Platforms are exclusive of shipping costs, which will be borne by the User in their entirety. Such costs will vary according to the shipping method selected and will be indicated separately in the Purchase Order summary and the Receipt Confirmation.
7.4. The Platforms contain a large number of products. It is always possible that, despite the Company’s reasonable efforts, some of the products on the Platform may be incorrectly priced. If the Company discovers an error in the price of the products ordered by the User after sending the Receipt Confirmation, the Company will inform the User by e-mail sent to the address provided by the User and the User will be given the option of continuing with the purchase of the products at the correct price or cancelling the order. The Company will not ship the products until it has received instructions from the User as to how to proceed. If the Company is unable to contact the User using the contact details provided, or the user does not respond, the Company will treat the order as cancelled and will refund any amount he or she may have already paid for the cancelled order.
8. Payments; Invoicing; Refunds
8.1. The purchase price (including all taxes and shipping fees) must be paid at the time the Purchase Order is submitted. The Company accepts payment by credit card (Visa, MasterCard, American Express, Diners, JCB) or by PayPal.
8.2. By providing a payment method, the User expressly authorizes the Company and/or the Company’s third party payment processor to charge the applicable purchase price applicable taxes and other fees on said payment method as well as taxes and other charges incurred thereto. The Company reserves the right to reject any Purchase Order if the applicable payment method cannot be processed or is otherwise rejected by the Company’s payment processor. The User acknowledges and agrees that the Company may, if necessary, provide information about the User and/or the User’s payment method to governmental authorities or other appropriate bodies for the purpose of the prevention of fraud or the notification of fraudulent or other illegal activities.
8.3. Any refunds of the amounts paid to the Company by the User will be made to the same payment method used by the User to effect the purchase. Refunds will be processed within the times and in the manner provided for by the managers of such payment methods.
9. Delivery of Products
9.1. The products purchased on the Platforms will be delivered via the shipping method selected by the User to the shipping address indicated by the User in the applicable Purchase Order.
9.2. Once the product(s) have been delivered to the applicable carrier, the Company will send the User an e-mail confirming shipment (the "Shipping Confirmation"). The contract for purchase of the products will be deemed to have been concluded upon the transmission of the Shipping Confirmation. The applicable carrier will send the tracking code allowing the monitoring of the shipping process.
9.3. The Company will use reasonable efforts to deliver the product within 30 (thirty) days from the Receipt Confirmation date. The User, however, acknowledges that any delivery dates the Company may provide are non-binding estimates only and that the User has no claim against the Company for delays or early deliveries. The Company reserves the right to make deliveries in installments.
9.4. Delivery will be deemed to have been effected at the time the products are made available to the applicable carrier. The Company is not responsible for:
9.4.1. Products delivered to incorrect addresses supplied by the User; or
9.4.2. Delivery issues arising from the recipient not being present at the time of delivery at the address supplied by the User.
9.5. Upon delivery of the products the User should check that the packaging is unharmed and without signs of damage, tampering or alteration. If there is evidence of damage, tampering or alteration, the User will be required to carry out the appropriate dispute procedure immediately with the courier, by refusing the product or accepting the delivery with written reservations on the transport document. Furthermore, the User must inform the Company immediately by contacting customer service ("Customer Service") in the manner indicated in Article 14 below.
9.6. In the event of the non-delivery of the products because of the User’s absence the carrier may, depending on its policies and procedures, store the products for collection by the User and/or return the products to the Company.
10. Representations and Warranties of the User
10.1. The User hereby represents, warrants and covenants as follows:
10.1.1. that he or she is legally permitted to enter into these General Conditions; and
10.1.2. that the information communicated to the Company when registering on the Platform or during the purchase of products is correct and truthful, and that the User will update any such information when required. The Company reserves the right to confirm the information provided by the User at any time and by any means at its disposal, including by requesting appropriate supporting documentation from the User;
10.1.3. that he or she will use the Platform in compliance with any provision of applicable law or regulations, the terms and conditions of governing the use of the Platform and these General Conditions.
10.2. The User shall indemnify and hold the Company harmless against any liability, action, cost, expense or claim which may arise from the User’s breach of the representations, warranties and covenants set forth in Article 10.1, without prejudice to other remedies available to the Company in law or equity.
11. Disclaimers and Limitations of Liability
THE PLATFORM AND ALL INFORMATION, CONTENT, MATERIALS , PRODUCTS, SERVICES AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO THE USER THROUGH THE PLATFORM (COLLECTIVELY, THE "PLATFORM CONTENTS") ARE PROVIDED BY THE COMPANY ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM, THE ACCURACY OR COMPLETENESS OF THE PLATFORM CONTENTS, OR THAT THE PLATFORM OR EMAILS SENT FROM THE COMPANY ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. THE USER EXPRESSLY AGREES THAT THE USER’S USE OF THE PLATFORM IS AT HIS OR HER SOLE RISK. TO THE FULL EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE PLATFORM AND ITS CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAWS, NEITHER THE COMPANY NOR ITS CORPORATE AFFILIATES, NOR THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS OF EACH, SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OF THE PLATFORM OR ANY EMAIL SENT IN CONNECTION WITH THE USER’S USE OF THE PLATFORM. THIS LIMITATION OF LIABILITY APPLIES TO DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES THE USER OR OTHERS MAY SUFFER, AS WELL AS DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION OR THE LOSS OR COMPROMISE OF DATA OR INFORMATION, EVEN IF THE COMPANY IS NOTIFIED IN ADVANCE OF THE POTENTIAL FOR ANY SUCH DAMAGES. SOME JURISDICTIONS LIMIT CONSUMER LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THE PROVISIONS ABOVE MAY NOT APPLY TO THE USER.
12. Right of Withdrawal
12.1. The User may return any product for any reason within fourteen (14) days of receipt. The return period expires after fourteen (14) days from the date when the User or a third party obtains physical possession of the purchased product at the address to which the product is delivered. If the User has purchased more than one product with the same Purchase Order, the return period expires after fourteen (14) days from the date on which the User or a third party obtains physical possession of the last of the products purchased in such order.
12.2. Users wishing to return products during the return period must complete the Return Form set out at the foot of the Site under the voice “Shipping & Returns” and send the completed form to Customer Service by e-mail to the address indicated in Article 14 prior to the expiration of the return period.
12.3. Once the Company has received the above, it will send the User a receipt confirmation via email together with a return label, necessary for the correct return of the products to the Company.
12.4. The Company will refund in full the price of products returned during the return period plus the initial shipping costs relating to the same with the exception of any supplementary costs deriving from any choice by the User of a type of delivery other than the least expensive type offered by the Company. Shipping costs for the return of the product to the Company will be borne by the User (the relevant amount is specified at the foot of the Site under the voice “Shipping & Returns”).
12.5. All returns must be sent to the Company within fourteen (14) days from the date on which the User sends the Return Form to the Company. If the User uses the return label provided by the Company to return the product via the Company’s chosen courier the User will not be required to make payment of the costs of the return directly to the courier. The Company will instead pay such costs and deduct them from the refund due to the User. If the User instead chooses not to use the carrier chosen by the Company or uses a carrier different from that indicated by the Company, the User will be required to bear all related shipping costs directly.
12.6. The Company will use commercially reasonable efforts to refund the amounts indicated in Article 12.4 above to the within fourteen (14) days from the date when the Company receives the returned product. The Company May suspend the refund until it receives the returned products or until it confirms the returns criteria set forth in Article 12.7. The refund will be made using the same means of payment employed by the User for the applicable Purchase Order.
12.7. All products must be returned unused, undamaged and without having had the original labels removed. The products’ packaging must be treated with care in order to safeguard the original packaging from damage, extraneous writing or having labels fixed on it. If such conditions are not met, the Company will return the products to the User at the User’s expense and will not provide a refund.
12.8. For the purposes of the return of the products to the Company, the User will be required to print the completed Return Form included inside the returned product packaging in order to ensure that the return of the product to the Company is successfully completed. If the User has any doubts in relation to the procedure to be followed in return process, he or she should contact 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 to request information, the User will be able to contact the Company at the following contacts:
Customer Service +15512258397 or firstname.lastname@example.org
15. Applicable Law and Competent Court
15.1. New York state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these General Conditions and any purchases concluded under them. Foreign laws do not apply. Any disputes relating to these General Conditions and any purchases concluded under them will be heard in the courts located in the State of New York.