GENERAL CONDITIONS OF DISTANCE SELLING
Foreword
The company Guidi 1896 Srl (hereinafter referred to as the “Company”) designs, manufactures and sells worldwide luxury men’s and women’s shoes and fashion accessories, distinguished by the Company’s brands such as “Guidi” and “Guidi Rosellini”.
In order to fully satisfy the needs of its customers, the Company has set up a system of distance selling of some of its products through its website.
Article 1 – Scope of Application
These general conditions of sale govern the sale of items marked with the trademarks of the Company concluded at a distance: “through the website of the Company”, identified, specifically, with the domain: “https://www.guidirosellini.com/” (hereinafter referred to as the “Site”):
– through the acceptance of orders by natural persons acting in their capacity as consumers (within the meaning given by law and jurisprudence).
– for the purpose of delivery to the same individuals on their own behalf or to third parties of their choice acting as consumers (within the meaning of the law and case law).
Any sale of items bearing the trademarks of the Company concluded through the Site is governed by these General Conditions of Sale and implies full acceptance of the same by the customer. The Company may make changes and updates to these conditions without prior notice. Therefore, the conditions applicable to the order of an article by a customer are understood to be those in force at the time of the order.
Article 2 – Identification of the author of the offer
Guidi 1896 Srl is a limited liability company under Italian law with capital of 200,000 euros, registered in the Register of Companies of Pistoia and with registered office in Via Stignanese, 76, 51019 Ponte Buggianese (PT) – Italy; Telephone: + 39 0572.930211; FAX: 0572.635966; E-mail address: info@guidi.it; VAT number: 01235040472
Article 3 – Information on the articles and limitation of liability
3.1 The information (categories, designations, definitions, reproduction of articles, detailed descriptions: properties, characteristics and composition, etc.) relating to all articles bearing the Company’s trademarks offered for distance sale are available, in accordance with applicable legal and regulatory requirements, on the Site.
The Company undertakes to ensure the utmost care and accuracy of the information published online, the descriptions of the articles and the data available at the Customer Service and/or on the Website
as well as their regular updating, and therefore will not be responsible for any non-essential errors. Similarly, although the photographs and other reproductions of articles faithfully represent them on the Site – within the limits of technology and in accordance with the best market standards – they may contain non-essential errors, which the customer acknowledges and accepts. In any event, if the item delivered does not conform to its description, the Company undertakes to correct said error, in accordance with the conditions set out in Articles 13 and 14 below.
3.2 More generally, the Company cannot be held liable:
– Of interruptions or delays recorded by the Customer Service or on the Site for the performance of maintenance work, technical failures, cases of force majeure, events attributable to third parties or any circumstance beyond its control;
– Of the impossibility for the customer or the Company to contact the Customer Service and/or temporarily access the Site, due to facts beyond their control, such as: computer failures, interruptions of the telephone network, the Internet network, defects in the devices for receiving said Internet network, etc.
Article 4 – Requirements for placing an order
4.1 In order to place an order on the Site, the customer must be of legal age and have legal capacity.
Orders will be received in English and Italian and will be processed within the limit of available stock. To this end, the customer is informed at the time of acceptance of the order, through the Customer Service or the information page of the Site describing each of the articles of the availability of the item.
In the event that, despite the Company’s control, the items ordered are no longer available, the Company will inform the customer as soon as possible by email.
4.2 The customer undertakes that all information communicated to the Company on the Website at the time of the order complies with these general conditions of sale and is complete, accurate and up to date. Otherwise, the Company reserves the right to: (i) to categorically cancel the order as well as the payment or, (ii) to require the customer to send supporting documents proving the existence and accuracy of the information and addresses communicated.
Please note that, when placing an order, the Company will collect the following personal data: identity, username and password chosen by the customer on the Website, email address, telephone number, address of the customer’s usual residence, delivery address and payment method, etc.. These data are necessary for the processing of the order and may only be communicated to the contractual partners of the Company involved in the execution of the order (in particular, to intermediaries for the payment of orders such as banks).
The customer has the right to access the data concerning him/her, to have it corrected and deleted and to oppose its processing.
To exercise this right, a request must be sent in writing to: info@guidi.it
4.3 The Company shall have the right to refuse any order: (i) placed by a customer with whom a dispute is pending in relation to the payment of a previous order, or (ii) that does not comply with these general conditions of sale.
If the order does not comply with these general terms and conditions of sale (e.g., wrong delivery address, exceeding order limits), we will notify you by phone or e-mail. If the customer does not rectify the incorrect elements or elements contrary to these general conditions of sale relating to his order, the Company reserves the right to cancel the order categorically as well as the payment.
Article 5 – Orders placed on the Site via the Internet
Acceptance of orders on the Site implies strict compliance with the procedures described below and displayed by successive screens indicating the steps that the customer must take to confirm his order.
5.1 First step: choice of items by the customer
On the Site, the customer selects, enters and confirms the code and quantity of the items he wishes to order (the availability of which must be confirmed by the Company); these items will then be added to the “Shopping Cart”.
5.2 Second step: verification of selected items
The customer can modify online his “Shopping Cart” made up of the selected articles, delete an article initially selected, modify the quantities ordered or add an article by clicking on the corresponding buttons inside the “Shopping Cart”. Within the “Shopping Cart” the prices of the articles – as defined in article 8 below – will be displayed automatically.
5.3 Third step: confirmation of the selected items and order confirmation
Once the items have been selected and the “Shopping Cart” confirmed, the customer confirms the order:
5.3.1 if he has an account on the Site, by entering his e-mail address (username) and password;
5.3.2 if he does not have an account on the Site, by entering his name, email address and the usual residential address to which the order will be invoiced and his telephone number.
The customer must also confirm:
5.3.3 the delivery address of the order – of a third-party beneficiary chosen by the customer or, otherwise, at the address of the Company at which the latter exercises his professional activity;
5.3.4 and, finally, the method of payment chosen.
Once all information has been entered and confirmed, the price of the items – as defined in article 9 below – will be displayed automatically together with any shipping costs.
After having communicated the credit card number, in compliance with the conditions of article 9 below, the customer clicks on the button to confirm the payment for debiting his account.
The authorization to debit the account provided by the customer’s bank is then displayed. The client is advised to save and/or print out this debit authorization. With the debit authorization of the customer’s account by his bank, the “Shopping Cart” is transmitted directly to the order preparation department of the Company; the customer will then be notified of his order number.
The order is binding on the customer at the time of receipt by the Company of the “Shopping Cart” duly completed and validated by displaying the order registration page.
5.4 Fourth step: receipt of return of the order by the Company
The Company acknowledges receipt of the order by means of an email sent to the email address provided by the customer. You formally agree to our use of email to confirm the content of your order.
This confirmation e-mail contains all the information communicated by the customer with an indication of any difficulties or reservations relating to the order (availability of the items ordered, delivery times or payment method chosen). It also indicates the order number assigned to the customer by the Company.
5.5 Fifth step: shipment of items
When the articles ordered are shipped to the address chosen by the customer for delivery, the Company sends an email to the customer informing him of the shipment and the charge of the amount, as provided in Article 9 below.
Article 6 – Proof of Order
As a general rule, it is stipulated by express agreement between the Company and the customer that e-mails will be authentic between the parties, as will the automatic recording systems used by Customer Service or on the Site, particularly with regard to the nature and date of the order.
However, it is recommended, for orders placed on the Website, that the customer also keep a copy (in electronic format and/or on paper) of the elements relating to his order (for example, the email sent by the Company in accordance with Article 5.4 above).
Article 7 – Price of Articles
The prices displayed on the Website are indicated in Euros, including VAT.
The prices invoiced to the customer are those in effect on the date of the order.
The amount of shipping costs is fully and exclusively borne by the Company.
The customer will receive, at the time of delivery, for each of the items, written confirmation of the amount paid by invoice.
Article 8 – Conditions of payment
The payment of customer purchases is made by credit card, bank transfer and PayPal. Cards of the circuit “CC”, Visa, MasterCard, American Express (only through PayPal) are accepted. The cards issued by banks domiciled outside Italy must be mandatory international credit cards. In addition, the customer undertakes to make payment using a credit card of which he is the legitimate owner and on which his surname and name are shown.
To make the online payment on the Site, the customer accesses a secure server operating in and guaranteed by a Certification Authority. The customer must provide his credit card number and/or bank details by filling in the online payment form.
Article 9 – Delivery
Delivery of the items can only be made
– to the customer’s usual place of residence;
– to the delivery address indicated by the customer at the time of the order, or, otherwise, to the address of the company where the customer carries out his business; it is understood that delivery cannot in any case be made to hotels or post office boxes.
The delivery of the articles will take place at the address indicated by the customer, after the registration of the payment of the order. To this end, he agrees to communicate an accurate delivery address to the Company.
Delivery of the articles ordered will take place
– on the date or terms indicated to the customer by the Company and within thirty (30) days from the date of the order;
– or within the terms of which the customer will have been notified in advance in the event of temporary unavailability of the items and for which he will have given his consent at the time of inclusion of an item in his “Shopping Cart” and before acceptance of the order.
Article 10 – Reservation of title
The Company reserves ownership of the items delivered until full payment of their price for capital and interest. Payment is understood to have been made at the time of actual collection of the price. In the event of non-payment in full or in part, the company may claim the article(s) already delivered by the company to the customer without prior injunction.
Article 11 – Intellectual property rights
The customer is granted a license to use the Site, which remains the exclusive property of the Company, which has created and published online, in particular, the web pages, images, source scripts and databases that comprise it. The customer is therefore prohibited from disseminating or reproducing the contents of the Site, in whole or in part and in any form whatsoever. The Company’s articles, the Company’s trademarks, as well as all images of figurative or non-figurative trademarks and, more generally, all other trademarks, illustrations, images, drawings, models and logos reproduced on the Company’s articles sold at a distance, on their accessories or on their packaging, whether registered or not, are and remain the exclusive property of the Company.
Any total or partial reproduction, downloading, modification or use of these trademarks, illustrations, images, logos, designs and models for any reason whatsoever and on any medium whatsoever, without the express prior written consent of the Company, is strictly prohibited.
Any combination of the aforesaid trademarks with other trademarks, symbols, logos and, more generally, any distinctive sign capable of creating a composite logo is also prohibited. Similarly, the following are strictly forbidden without the prior express written consent of the Company:
– the creation of hypertext links to any page or any constituent element of the Site;
– any use that does not comply with the present license to use the Site and, in particular, the use for commercial purposes of any of the constituent elements of the Site (articles presented, descriptions, prices, data, software, graphic characters, images, text, photographs, tools, etc.) or any other use that is directly or indirectly commercial.
Article 12 – Right of withdrawal and return of articles
In accordance with the provisions of Articles 52 and following of the Italian Consumer Code (Legislative Decree no. 206 of 2005), the customer enjoys the right of withdrawal that can be exercised
– on the Site in the section dedicated to the return request: the Company will communicate by e-mail the receipt of the withdrawal request by the customer;
without having to justify the reasons and within a period of thirty (30) days from receipt of the items.
The customer will then have to return the items delivered:
– following the various steps of the procedure indicated by the Company, described on the Site and within which all costs of returning the items are borne by the Company;
– or, by the means of his choice and at his own expense. In this case it is recommended to keep the proof of return, which presupposes that the items are returned by the customer by registered mail, or by any other means with a certain date.
In any case, the return of the items delivered must be made by the customer:
– within a period of fifteen (15) days from the exercise of his right;
– in their original packaging, in perfect condition, such as to allow the Company to put them back on sale, unused and accompanied by all accessories and documents provided (instructions, warranty, certificate of authenticity, etc..) as well as a copy of the invoice attached to the items delivered.
The refund of the invoiced price of the returned items will take place, by crediting the customer’s account, within fourteen (14) days of receipt, by the Company, of said items. The return of any customized, retouched, ruined, used, incomplete or dirty product will forfeit the right to a refund.
Article 13 – Conformity – Warranty
The customer must ensure that the items delivered correspond to his order. In the event that the items delivered do not comply with his order, it is recommended to the customer:
– to inform the Company as soon as possible by sending an e-mail to: customerservice@guidi.it justifying the non-conformity of the item to the order;
– to return the items in question in their original packaging, in perfect condition, such as to allow the Company to put them back on sale, unused and accompanied by all accessories and documents provided (instructions, warranty, certificate of authenticity, etc..) as well as a copy of the invoice attached to the items delivered;
– following, in order to facilitate its processing by the Company, the various stages of the procedure proposed by the latter, described on the Site and in which all costs of returning the items are borne by the Company.
If the customer returns the item(s) by the means of his or her own choice and at his or her own expense, it is recommended that he or she retain proof of return of the item(s) by registered mail, or by any other means with a certain date, and if the non-conformity of the item(s) ascertained by the customer is recognized, the return costs will be borne by the Company. They will be reimbursed by crediting the customer’s account after the latter has sent supporting documents for said expenses.
If the returned item cannot be replaced and you do not wish to have a credit with us, we will refund the invoiced price of the returned non-conforming item(s) to your account within fourteen (14) days of our receipt of the returned item(s).
Without prejudice to any specific warranty conditions that may be provided to the customer with the delivered item, the Company’s items are subject to the following legal warranties of conformity and relating to defects in the item sold:
Article 14 – Force Majeure
The performance by the Company of all or part of its obligations will be suspended if a fortuitous event or force majeure occurs, which prevents or delays its performance. The Company will inform the customer of such fortuitous events or force majeure within seven (7) days of their occurrence.
If such suspension of the execution of the Company’s obligations lasts for more than fifteen (15) days, the customer will have the option of withdrawing from the order in progress; the Company will then reimburse the customer as soon as possible by crediting the customer’s account.
Article 15 – Exclusion of Waiver
The fact that the Company refrains from requiring at any given time the performance of any of the stipulations of these General Conditions of Sale cannot be interpreted as a waiver of the right to invoke said non-performance in whole or in part at a later date.
Article 16 – Validity of the General Conditions of Sale
Should any of these general conditions of sale be declared null and void, in whole or in part, the other stipulations and the other rights and obligations arising from these general conditions of sale shall remain unaffected and applicable.
Article 17 – Disputes – Applicable law
These general conditions of sale are governed by Italian law, unless mandatory rules to the contrary are derived from the EC Regulation No. 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I). In the event of difficulties arising during the order or delivery of items, the customer will have the opportunity, before any legal recourse, to attempt an amicable solution, in particular with the support of a consumer association or any other consultant chosen by the company.
Ponte Buggianese (Italy), February 10, 2022
