GENERAL TERMS AND CONDITIONS OF SALE
The Seller, GNV Srl, registered in the Fermo Companies Register under No. 01338800442, tax code and VAT number 01338800442; with registered office at Via Pola No. 1, 63812, Montegranaro (FM), is the owner of the website www.giampieronicola.com and its associated domains (hereinafter the “Site”), which are dedicated to the retail and distance selling (hereinafter the “Online Sale”) of men’s shoes and sandals (hereinafter the “Products”) exclusively to consumers (hereinafter the “Users”), defined by the Consumer Code as “any natural or legal person acting for purposes not related to commercial, entrepreneurial, or professional activity.”These Terms and Conditions of Sale are drafted in compliance, in particular, with the legislation regarding distance contracts concluded between professionals and consumers pursuant to Legislative Decree No. 206/2005 (“Consumer Code”), Legislative Decree no. 70/2003, and Legislative Decree no. 59/2010 and subsequent amendments.These Terms of Sale do not apply to Products purchased in the physical store, meaning the store located at Via Pola no. 1, 63812, Montegranaro (FM). The User can download these Terms of Sale, published on 25 may 202), from the following link (link). The User may send any communications or complaints regarding Online Sales to the Seller at the following email addresses: info@calzaturificiognv.it; certified email: certificata@pec.calzaturificiognv.it; or by telephone at 0734 876811 or 375 8349590.
The Site allows you to choose, in addition to Italian, also English for concluding the contract. In the event that the English translation of these Terms of Sale differs from the meaning of the Italian-language Terms of Sale, the meaning and interpretation of the Italian-language Terms of Sale shall prevail.
1. ONLINE SALES TERMS
The online sale of GNV products is governed by these Terms of Sale and the instructions contained in the sections of the Site consulted by the User during the order process, which are considered an integral and substantial part of these Terms of Sale. The Terms of Sale applicable to each individual order will be those displayed on the Site at the time the order is placed. The Seller may modify these Terms of Sale at any time, without notice. The User is required to consult the current Terms of Sale before proceeding with any purchase. Any changes to the Terms of Sale will be effective upon publication on the Site and will apply only to orders placed after publication. By placing an order on this Site, the User declares having read all the information provided during the purchase process, including the product information sheet, and fully and unreservedly acknowledges and accepts these Terms of Sale. The Seller, through the Site, may accept orders sent exclusively to Users located in European territory with the exception of the United Kingdom, San Marino, Vatican City, Switzerland, Liechtenstein and Lithuania.
2. PRODUCT REPRESENTATIONS AND DESCRIPTIONS
The Seller undertakes to ensure that the Product information and their representations on the Website (e.g., photographs, graphics, videos) faithfully reproduce the characteristics of the Products. However, as these are handcrafted products, due to the techniques and processing of the materials used, each product is unique and authentic and may exhibit slight differences from the representations on the Website. For this reason, the Seller does not guarantee that the image shown on the Website will exactly match the Products delivered to the User. In the event of differences between the graphic representations and the Product descriptions, the latter shall prevail.
3. PRODUCT PRICES
The User agrees to pay the requested price for the Products purchased, according to the times and methods indicated on the Site. Prices, as well as any other charges and expenses related to the invitation to bid, are expressed in euros and include VAT. Any customs fees cannot be indicated in advance and will be the sole responsibility of the buyer. The price of the Products purchased by the User is the one calculated at the time of the order summary, without considering any price increases or decreases or promotions that may occur after the order has been placed or that have ended before the order has been placed.
4. CONCLUSION OF ONLINE SALES CONTRACTS
4.1 ORDER PROCEDURE
The User makes purchases on the Site without creating a personal account or, alternatively, if available, after logging in with their unique credentials. The User must follow the guided Product purchase procedure and enter the required information in the appropriate fields on the Site. The User is advised to take the utmost care when completing the fields to avoid any errors during the order confirmation or shipping process, for which the Seller cannot be held responsible. The User may only purchase the Products listed on the Site and in the quantities indicated therein. Product prices and availability, as shown on the Site, are subject to change at any time and without notice. The User acknowledges that, due to the possibility of multiple users accessing the Site simultaneously and the time elapsed between loading the web page and adding an item to the shopping cart, the actual availability of individual Products may vary. The Seller verifies the actual availability of the purchased Products and notifies the User via email of any unavailability of one or more Products before completing the order process.
To take advantage of Online Sales, the User must select the desired Products, one at a time, adding them to the cart configured by the Seller. At the end of the guided procedure on the Site, the Products thus selected will constitute the subject of the order, which will be sent electronically to the Seller.
Before submitting the order, the User will view and verify the order summary, which indicates the Products added to the cart, the price including any shipping costs and additional charges, the delivery, transportation and payment methods, and any other specific conditions selected by the User during the order process. The User is informed, pursuant to Article 51 of the Consumer Code, that by submitting the order to the Seller, he or she undertakes to pay the price, any shipping costs and other charges, net of any promotions indicated in the summary.
The quantity of each Product indicated in the Order is intended as the maximum quantity and therefore the Seller is permitted, in the event of unavailability of the Products, to deliver quantities lower than that indicated in the Order, subject to prior notification by email to the User. In this latter case, the Seller will charge the Price for the quantities of products actually delivered and will be released from any further obligations regarding missing quantities.
The Seller shall not be liable in any way for the temporary or permanent unavailability of one or more Products. In the event of unavailability, even temporary, of the Products included in the Order, the Seller undertakes not to charge the User the corresponding price.
The Seller will be bound by the User’s order only if submitted using the correct procedure indicated on the Site, without any error messages, and until the order is completed. In the event of a malfunction in the order processing and forwarding procedure, the Seller undertakes to promptly notify the User of the impediment and to remedy the situation, clearly stating whether the order should be considered cancelled.
4.2 ORDER RECEIPT
The Seller will send the User an email receipt for the order placed through the Site. This receipt will include a list of the Products purchased and their essential characteristics, the price, any shipping costs, taxes and additional charges (excluding customs duties), the delivery date and time as agreed upon during the order, the delivery deadline, the general and specific terms and conditions applicable to the order, the selected payment method, and customer service contact information. Sending this email does not constitute the conclusion of the Online Sales contract, but merely confirmation of receipt of the order, a summary of the order, and verification of the availability of the requested Products by the Seller. The Online Sales contract is considered concluded only when the User, having placed their order, receives the order confirmation email from the Seller, which also initiates the Product shipping process, pursuant to art. 13 Legislative Decree 70/2003: payment will be debited at this time. The Seller reserves the right to refuse the order in the event of disputes, incorrect information provided, or the User’s insolvency.
4.3 ORDER MODIFICATIONS AND CANCELLATIONS
The User may modify or cancel the order before receiving the order confirmation email, which is the email confirming the Product’s shipment from the Seller. Due to unforeseen logistical and organizational difficulties, the Seller may cancel the order by notifying the User via email or, by prior agreement with the User, change the delivery date and time.
4.4. ORDER STORAGE
5. SHIPPING COSTS AND DELIVERY TIMES
Any shipping costs and charges will be summarized during the purchase process and in the receipt and order confirmation emails. The Seller will ship the order starting from the date the order confirmation email is sent, generally within 5 business days. Products for which express delivery is selected will be shipped within 2 business days. Shipping will only begin after full payment has been received. The Products will be delivered according to the methods and to the address indicated on the order receipt. Delivery times are purely indicative and are not binding on the Seller in any way. The Seller undertakes to promptly inform the User of any delays, partial deliveries, or impediments by sending a notification to the email address provided during the order. Delivery is deemed complete when the Products are physically transferred to the User or to a third party designated to collect them. The risk of loss or damage to the Products, for reasons not attributable to the Seller, is transferred from the Seller to the User upon delivery of the package to the User or to a third party designated to collect them. Upon delivery of the Products, the User is required to check their condition and integrity, communicating to the Seller within 3 days, via Customer Service, any damage, discrepancy in the products or signs of tampering with the packaging. The User will in any case have the responsibility to report these to the courier upon receipt of the package.
6. PAYMENT METHODS AND BILLING
The User is solely responsible for the data entered for payment and guarantees to use payment methods legitimately available to them. The User may pay the price for the purchase of the Products, plus any delivery costs as calculated at the time of placing the order, by choosing from the payment methods offered on the Site. For payments made by credit/debit card, the transaction and all financial information associated with the credit/debit card are handled directly by the relevant banking institution, which receives the User’s financial data through encrypted systems, preventing access by unauthorized third parties. This data is not stored by the Site, and therefore, the Seller is not responsible for any fraudulent or unauthorized use of the User’s credit/debit card by third parties. Similarly, for payments made through providers, the User is directed to the selected external service, and the financial data transmitted cannot be accessed or stored by the Site. By choosing to use these services, the debiting of the Product amount or any credits are handled directly by these providers, who are directly responsible for any delays or failures to credit the User, excluding the Seller’s liability. Payment by installments is not available. The transaction will be charged upon receipt of the order confirmation email from the Seller. The Seller is not required to issue an invoice unless the User requests one by completing the appropriate fields during the order process. In this case, the invoice will be sent with the Products.
7. RETURNS AND REFUNDS. RIGHT OF WITHDRAWAL
Pursuant to the Consumer Code (Legislative Decree 206/2005), the User has the right to freely withdraw from the contract, without having to provide any reason and without incurring any additional costs or expenses, by notifying the Seller, under penalty of forfeiture, no later than 14 days from the date of receipt of the Product. The notification must contain the User’s explicit declaration of withdrawal from the contract and an indication of the Products for which the right of withdrawal is exercised, specifying the order number and the date the notification was sent. Alternatively, the User may complete the standard withdrawal form, pursuant to Annex I, Part B of Legislative Decree no. 21/2014, which the Seller makes available on its Website. The express communication or, alternatively, the standard withdrawal form must be sent by registered mail with return receipt to the Seller’s registered office address or by certified email or email to the Seller’s addresses. If the User decides to send their decision to withdraw from the contract to the Seller’s email address, they must ensure the Seller acknowledges their decision, on a durable medium, within 72 hours, otherwise the withdrawal will be ineffective. The Seller’s withdrawal contact details are indicated in the first paragraph of these General Conditions. Withdrawal from the purchase of a Product must be made in its entirety; withdrawals for individual parts of the Product are not permitted. Withdrawal from a single product in a multiple order is permitted. It is not possible to exchange a Product for another; therefore, the User must return the Products they wish to return and then place a new order. The Products must be returned within 14 days of the date the notice of withdrawal is sent to the Seller, to the Seller’s registered office address: Via Pola no. 1, 63812, Montegranaro (FM). Shipping and related costs for returning Products following the exercise of the right of withdrawal are the sole responsibility of the User, who will be responsible for obtaining tracking details for the product once shipped and will bear the risk of loss or damage to the Products during shipping. Withdrawals made after 14 days from receipt of the Products cannot be accepted.
The Products must be returned intact, complete with their labels and identification tags, and in their original packaging; they must not be damaged or show signs of use. The User must take every possible precaution when shipping the Products to the Seller, using the original packaging received or an equivalent packaging suitable for preserving their integrity. The Seller reserves the right not to accept the return if the Products for which the right of withdrawal has been exercised do not comply with the storage and return conditions indicated above, or if the User delivers the Products late: in such cases, upon notification by email, the Seller will not refund the price and the Products will remain with the Seller until the User arranges for collection, which will take place at the User’s expense and under his/her responsibility. If the User exercises the right of withdrawal in accordance with the methods described, the Seller will refund the sums paid by the User within 14 days of the date on which it became aware of the User’s exercise of the right of withdrawal, provided that the Products subject to the User’s withdrawal have been received by the Seller. The refunded sums will include any shipping costs charged and incurred by the User during the purchase process. The sums will be refunded to the User using the same payment method used by the User for the initial order transaction. The User will be responsible for any diminished value of the returned Product resulting from handling other than that necessary to establish the nature, characteristics, and functioning of the Product. The right of withdrawal does not apply to purchases made at the retail store located at Via Pola no. 1, 63812, Montegranaro (FM).
8. PRIVACY
9. SELLER WARRANTIES
9.1 Legal Guarantee of Conformity
In addition to the warranty provided for defects in the item sold pursuant to applicable law, for up to 2 years from delivery of the Products, the Seller is liable to Users, pursuant to Articles 128 et seq. of the Consumer Code, for any defects of conformity of the Products existing at the time of delivery. Action to assert defects not fraudulently concealed by the Seller expires, in any case, within 26 days of delivery of the Products (Article 133, paragraph 3, Consumer Code). A defect of conformity is deemed to exist if: (a) the Product is not suitable for the use for which it is generally intended; (b) the Product does not correspond to the description provided by the Seller and does not possess the qualities presented to the User by the Seller. (c) the Product does not possess the usual qualities and performances of a product of the same type, which can be regularly deduced from the Seller’s declarations, labels and technical data sheet. If the User believes there are defects in conformity, they may report them by contacting Customer Service. The Seller, having verified the legitimacy of the request, will arrange for the recovery of the Product at its own expense and will proceed to determine the defect. This legal warranty does not apply to faults, malfunctions, or defects caused by accidental events or the User’s responsibility, or by use of the Product that is not in accordance with its intended use or as provided in the technical documentation accompanying the Product. For the legal warranty to be valid, the User must present the payment receipt as proof of purchase. In the event of a confirmed lack of conformity, the User has the right to have the Product restored to conformity, free of charge, through repair or replacement, unless the requested remedy is objectively impossible or excessively burdensome compared to the other remedy. The remedy is considered “excessively burdensome” when it requires the Seller to incur unreasonable costs compared to alternative remedies, taking into account the value the Product would have if the confirmed lack of conformity did not exist, the extent of such defect, and the possibility that the remedy could be implemented without significant inconvenience to the User. The User has the right to a price reduction proportional to the reduction in the value of the Product or to terminate the sales contract pursuant to Article 135-quater of the Consumer Code in the event that, alternatively: a) the Seller has not carried out the repair or replacement, or has not carried out the repair or replacement, where possible, pursuant to Article 135-ter of the Consumer Code, paragraphs 1, 2, and 3, or has refused to bring the goods into conformity pursuant to paragraph 3; b) a lack of conformity occurs despite the Seller’s attempts to restore the goods to conformity; c) the lack of conformity is so serious as to justify an immediate price reduction or termination of the sales contract; d) the Seller has declared, or it is clear from the circumstances, that it will not restore the goods to conformity within a reasonable period or without significant inconvenience to the User. The User exercises the right to terminate the sales contract by sending a declaration to the Seller expressly indicating the intention to terminate it. For minor defects, i.e., those that do not affect the use of the goods, the User may only request a price reduction and not termination of the contract. If, following verification, the Product does not constitute a lack of conformity, the User will be notified via email and the Products will remain with the Seller until the User arranges for collection, which will be at the User’s expense and under their responsibility.
10. TERMS AND CONDITIONS OF USE OF THE SITE
11. CUSTOMER SERVICE
For any inquiries, assistance, or complaints, you can contact the Seller via the certified email address and telephone numbers indicated in the first paragraph of these General Terms and Conditions of Sale. Customer service will respond promptly and is also available in English.
12. APPLICABLE LAW. JURISDICTION. DISPUTE RESOLUTION.
In accordance with Article 6, paragraph 2 of EC Regulation No. 593/2008, the Online Sales contract is governed by Italian law. This does not affect the application of any mandatory and more favorable provisions of law in the User’s country of residence, as a safeguard for Users who have their habitual residence outside of Italy. Pursuant to Article 66-bis of the Consumer Code, in the event of disputes arising between the Seller and the User in relation to the Online Sales contract, the competent court is the one in which the User is resident or domiciled, if located in Italy. If the User is resident or domiciled outside of Italy, he or she may alternatively appeal to the Court of his or her place of residence or domicile or to the Court of Fermo in the district in which the Seller has its registered office. The parties undertake to use their best efforts to avoid legal disputes by promoting out-of-court settlements. The User may submit any complaints to the Seller, either via certified email (PEC) or by registered mail with return receipt to the Seller’s registered office. The Seller undertakes to respond to the complaint within 30 days. If the complaint is unsuccessful, the User is informed of the possibility of resorting to alternative dispute resolution procedures pursuant to Articles 141-bis et seq. of the Consumer Code.
