GENERAL CONDITIONS OF ONLINE SALES ISSUED BY GIKI S.R.L.S.

1. Scope of Application.
The offer and sale of products on the website www.giki.it (the “Site”) constitutes a distance contract.
The offer and sale of products on the Site are governed by these general terms and conditions (“General Terms and Conditions of Sale”) and applicable current legislation. These General Conditions of Sale are applicable to all distance sales of products sold by Giki s.r.l.s., concluded through the Site

2. Identity of the seller
The goods covered by this contract are offered for sale by Giki S.r.l.s. with headquarters in Rome, Corso Trieste no. 136/A, registered with the Register of Companies at the Chamber of Commerce Industry Handicraft and Agriculture of Rome under REA number RM-1552640, Tax Identification Number and Registration Number 14877671009 hereinafter referred to as “Giki” or “Seller.”

You can always contact the seller, by e-mail to be sent to info@giki.it.
The use of the distance selling service described in these General Terms and Conditions of Sale is reserved exclusively for consumer customers, where “Consumer” means any natural person who makes purchases for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out. By accepting these Terms and Conditions, the customer acknowledges his or her status as a Consumer. The placing of a purchase order through the Site implies knowledge and full acceptance by the customer (the “Customer”) of these General Terms and Conditions of Sale.

The General Conditions of Sale do not regulate the provision of services or the sale of Products by parties other than Giki s.r.l.s., even if they are present on the Site through links, banners or other hypertext links.

2. Definitions

The expression “general terms and conditions of online sale” or “contract” means this contract of sale and purchase relating to the Seller’s movable goods, entered into between the Seller and the Customer under a distance selling system organized by the Seller.
The expression “Customer” means the consumer natural person who makes the purchase, referred to in these general conditions of online sales, for purposes not related to the commercial or professional activity possibly carried out.
The term “Seller” or “Giki” refers to the person named in Section 2.
“Site” means the website www.giki.it
“Product” or “Products” means the goods offered for sale within the Site
The expression “Order” or “Orders” means the request for the purchase of the good made by the Customer

3. Publication and Editing
These General Terms and Conditions of Sale are posted on the Site for the purpose of enabling their knowledge as well as examination storage and reproduction by the Customer. Giki s.r.l.s. reserves the right to change these General Conditions of Sale. The new Terms and Conditions will be effective from the date of publication on the Site.

4. Orders
Orders submitted by the Customer may be placed through the Site only by persons of legal age and who are not under legal incapacity. The Products will remain the property of Giki until Customer has paid the total amount due (“Total Amount Due”). Giki will ship the Products only after receiving confirmation of successful payment of the total amount due from the Customer.

5. Procedure for selection and purchase of Products
The Customer arranges for the selection of the Products of his/her interest on the Site and their inclusion in the virtual Shopping Bag for purchase

The description and essential characteristics of the Products, including details and composition, fit, colors, and sizes (where applicable) are presented on the Site within each Product sheet together with one or more digital photographic images representing the Products

The images and colors of the Products offered for sale on the Site, although Giki takes measures to ensure that the photographs shown on the Site are faithful reproductions of the original Products, may nonetheless not match the actual ones due to the effect of the browser and/or monitor used. Giki is not responsible for any inadequacy of the graphical representations of the Products shown on the Site if due to the above technical reasons.

Giki reserves the right to remove any Product from the Site at any time and/or delete or edit any material or content thereof. Giki disclaims any liability to Customers or third parties for the removal of any Product from the Site

Before completing the purchase, the Customer is required to verify the accuracy of the contents of the virtual Shopping Bag and to enter in the appropriate section the promotional code, if any, that he/she has.

To complete the purchase, a Customer who is not already registered or who does not intend to register with the Site, or who has decided to log in without logging in is required to enter their email address, either directly or through third-party services, such as but not limited to Facebook Connect. Giki is not responsible for the operation and activities related to the use of these services

The Customer will then be asked to indicate the billing address to which Giki will send the invoice and then to fill in all the necessary fields for the invoice to be issued.

The Customer must then select the shipping method chosen and specify the shipping address if different from the billing address.

When the Customer chooses delivery mode at Giki’s store located at 136/a Corso Trieste or at the Express Courier pick-up points, he/she will be asked to specify the address chosen from those available.

Next, the Customer will select the chosen payment method and enter the required data, if the Customer chooses Paypal, he/she will be redirected to the relevant site.

Finally, the Customer will be shown a summary of the Order and all data provided. Before proceeding with the transmission of the Order, the Customer may identify and correct any data entry errors by following the instructions on the Site. Then he/she will be asked to check them and confirm that he/she has read and accepted these General Terms and Conditions of Sale, also containing information on the right of withdrawal, the Terms of Use of the Site and that he/she has read the Privacy Policy , by checking the corresponding box.
The Order is transmitted to Giki s.r.l.s. when the Customer confirms that they want to proceed with the purchase by selecting the appropriate command.

Once the Order is registered and received confirmation of the validity of the means of payment of the Customer, Giki s.r.l.s. will send to the Customer, at the email address indicated, an email Order Confirmation – including the general and particular conditions applicable to the contract – containing: information relating to the number and date of purchase, the Products ordered, their price, the amount of the Order including delivery costs and applicable taxes, the existence of the right of withdrawal, with an indication of the time and method for the return of the goods, as well as information relating to Customer support services (“Order Confirmation Email”).

The contract between Giki s.r.l.s. and the Customer (the “Contract”) will be concluded when the Order reaches Giki s.r.l.s.’s server.

The Order will be stored in the database of Giki s.r.l.s. for the time necessary for the execution of the same and, in any case, within the terms of the law. To access their Order, the Customer, if registered, may refer to the “My Account” section of the Site and, in any case, may always refer to the Order Confirmation Email.

The languages available to Clients for the conclusion of the contract are Italian and English. Customer Service is able to communicate with the Customer in the same languages. Customer Service will still be available to Customers for any clarification and assistance needs on placing the Order.

5. Availability of Products
Items of clothing and accessories sold by Giki present at the time the Order is placed by the Customer are offered on the Site.

The actual availability of the Products is continuously monitored and updated by the Seller. However, since the Site can be visited by several Customers at the same time, it may happen that several Customers purchase, at the same instant, the same Product. In such cases, the Product may be, for a short period of time, available, while instead being out of stock or of non-immediate availability, having to wait for restocking.

Should the Product be unavailable for the reasons stated above or in other cases of unavailability of the Product, without prejudice to the other rights attributed to the Customer by law, Giki will contact the Customer, at the contact details provided by the Customer. The Customer shall in any case have the right to terminate the Contract immediately. Alternatively, and without prejudice to this right of termination, the Customer may accept one of the following proposals from Giki:
i. if a reassortment of the Product is possible: an extension in the delivery terms, with Giki indicating the new delivery term for the reassorted Product;
ii. if a reassortment of the Product is not possible: the supply of a different product of equivalent or higher value, subject to payment, in the latter case, of the difference, and upon express acceptance by the Customer.

In the event that the Customer avails itself of the right of termination, Giki will make a refund of any amount already paid by the Customer, without undue delay and, in any case, within the period of 15 working days from the sending of the Order. The refund amount will be credited to the same means of payment used by the Customer for the purchase.

6. Cancellation of Order – Termination of Contact
The Customer may revoke his/her Order and thus terminate the contract by contacting Giki by telephone/at the e-mail address ordini@giki.it until the Products have been shipped. This right is in addition to and does not modify the Right of Withdrawal.

In the event that the payment of the Total Amount Due by the Customer is not confirmed or is not successful, the purchase agreement shall be deemed to be terminated as of right pursuant to and in accordance with Art. 1456 c.c. The Customer will be notified by e-mail of the termination of the contract and the consequent cancellation of the Order.

7. Customer’s personal section “My Account”
Registration on the Site and creation of an account by the Customer is optional and not mandatory.

The Customer who has decided to register can always access his or her Order and the accepted General Terms and Conditions of Sale, as well as all the information on the exercise of withdrawal, by consulting the “My Account” section of the Site, from which he or she can access the history of the orders placed and through which it is always possible to print these documents.

8. Pricing of Products
The prices of the Products are inclusive of all taxes and duties, as well as ordinary domestic shipping charges, unless otherwise indicated on the Site or directly stated in the subtotal of the shopping bag for the individual Order. The price of Products for sale on the Site may vary due to the country where the product is sold and shipped.

9. Promotional codes
Promotion codes are only usable for distance sales of Products on the Site. The promotional code is valid for the period of time indicated on the voucher itself and could consist of a discount or free of charge for a particular service. It may be limited to the purchase of certain Products and valid only in certain countries. The promotional code is valid for the period of time indicated on the voucher itself and could consist of a discount or free of charge for a particular service. In each case Giki will specify to the Customer the terms of use from time to time applicable to the Promotional Code received. The promotional code should be entered by the Customer after choosing the Products, in the space provided at the beginning of the purchase process.

10. Methods of Payment
Payment by the Customer may be made by any of the methods indicated on the Site. All available payment services have no differential or additional charges.

The validity of the card could be verified through pre-authorization to payment. Such authorization is not a charge. In any case, the Customer’s credit card is charged when the purchased Product is shipped.

In case of choosing the Paypal method, the Customer will be redirected to the site www.paypal.com where he/she will make the payment for the Products according to the procedure provided and governed by PayPal and the terms and conditions of the contract agreed between the Customer and PayPal itself. Data entered on the PayPal site will be processed directly by PayPal and will not be transmitted or shared with Giki. Giki is therefore not able to know and does not store in any way the data of the credit card linked to the Customer’s PayPal account or the data of any other payment instrument connected with that account.

The Total Amount Due will be charged by PayPal to the Customer at the same time as the online contract is concluded. In case of termination of the purchase contract and in any other case of refund, for any reason, the amount of the refund due to the Customer (“Refund Amount”) will be credited to the Customer’s PayPal account. The timing of crediting to the payment instrument linked to that account depends solely on PayPal and the banking system. Once a credit order has been arranged in favor of such account, Giki shall not be liable for any delay or omission in crediting the Customer with the Reimbursement Amount, to dispute which the Customer should contact PayPal directly.

All payments made through the Site will be made through secure servers, operated on the network by the bank or operators concerned, who will be solely responsible for storing and automatically processing in a secure environment, the Order’s payment information, including credit card details. In the event that, for any reason whatsoever, the debiting or booking of debiting of the amounts due by the Customer does not take place, the purchase contract shall be deemed to be terminated as of right pursuant to and in accordance with Art. 1456 c.c. The Customer will be notified by e-mail of the termination of the contract and the consequent cancellation of the Order.

11. Method of shipment and delivery of the Products
Delivery of the Products is made exclusively within the territory of the country to which the local Site to which the Customer is connected and used by the Customer for the purchase refers. No delivery can be made to post office boxes. It is possible to request shipment to a recipient other than the Customer, as long as the recipient is located in the same country to which the local Site to which the Customer is connected and used for the purchase refers.

The Customer has the option of using the following shipping methods, where actually available:
1) Ordinary Express Courier Service: delivery is made to the address given by the Customer or to the Express Courier delivery point, within 4-7 working days;
2) Boutique Pick Up Service with delivery made within 4-7 business days exclusively at the Giki Boutique where the service is available
3) Express Service: with delivery made within 4-4 working days, possible only to the address given by the Customer.

No later than 10 business days after the completion of the Order, Giki will send the Customer an email containing the tracking code of the shipment (“Email Shipment Confirmation”) which, for Customers who have chosen to register with the Site, will also be available by accessing the “My Account” section. In any case, for any information regarding delivery, the Customer can contact Giki Customer Service.

The above delivery terms run from the Customer’s receipt of the Shipping Confirmation Email.

It is understood, however, that the above delivery terms are in any case purely indicative and that the Products will be delivered no later than thirty days after the conclusion of the sales contract.

Expenses related to the delivery methods mentioned in items. 1) and 2) are included in the sale price, while if the Customer selects the “Express Service” delivery mode under 3) Additional shipping costs will be solely borne by the Customer.

Such additional charges that the Customer chooses to incur to have a shipment through the “Express Service” will not be refundable under any circumstances. In the case of the Customer’s case of withdrawal or replacement of defective Products, only the costs corresponding to the ordinary shipping method will be reimbursed.

The Customer (or the assigned recipient) is invited to inspect the exterior appearance of the package, and if it has any imperfections or signs of tampering, the Customer, if possible, is invited to proceed to open the package in the presence of the carrier to verify the condition of the Product contained therein.

In the event that the Product is found to be damaged, the Customer (or the assigned recipient) shall record in writing, on the delivery note, all damages found. Any complaints should be made in the manner provided in Article 13 below.
In cases where the Customer files a claim for loss, non-conformity, or damage to the Product, Giki will replace the Product free of charge, where available, or refund the Customer, upon the Customer’s express request to be sent in the manner and terms indicated below.

a. Pick Up in Boutique / at Express Courier Pickup Point
Giki, offers its Customers the opportunity to pick up the Products purchased on the Site, at its premises in Corso Trieste 136/a or at Express Courier Pickup Points. The Customer, before completing the purchase process, must select one of the options “Pick up in Boutique” “Pick up at an Express Courier Pickup Point ” and choose an address from those available in the list available on the Site. Giki will send an e-mail to the Customer when the purchased Products have arrived at the chosen address, advising the Customer that the Products remain available for pickup for up to 10 days after such notice is sent. At the expiration of this period, the purchased Products will be considered as forfeited and will return to the availability of Giki, which will proceed to refund to the Customer the purchase price of such Products. Upon receipt of the confirmation email, the Customer must go in person to pick up the purchased Products and must show the confirmation email along with an identification document. The same terms and conditions for the return and replacement of Products set forth in Article 13 of these Terms and Conditions of Sale shall apply to Products picked up in the Boutique and at or At an Express Courier Pickup Point.

b. Withdrawal by a Third Party
In all cases where the Customer has delegated another person to pick up at the Express Courier’s pick-up points or the Boutique, the Products will be delivered to the delegate only upon presentation of a copy of the email containing the reference number of the purchase, together with a proxy for pick-up signed by the Customer and a copy of the valid identity document of the delegate for pick-up. The Express Courier or Boutique sales staff may refuse to deliver the Products where the procedure for collection is not followed by the Customer.

12. Right of Withdrawal, Returns and Refunds
A Customer who has purchased Products on the Site may exercise the right of withdrawal, without penalty and without stating a reason, within 14 (fourteen) days from the date of delivery of the Products to the Customer or a third party in charge. After this deadline has passed, the return will no longer be accepted. I 14 giorni per esercitare il diritto di recesso, decorrono dal giorno in cui:
a. In the case of a contract of sale of a single good (purchase of a single good): the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the goods;
b. in the case of a contract for multiple goods ordered by the Customer in one order (Purchase of multiple goods with the same order) and delivered separately: the Customer or a third party, other than the carrier and designated, by the Customer acquires physical possession of the last good;
c. in the case of a contract for the delivery of a good consisting of multiple lots or pieces: the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the last lot or piece.

The same terms as above apply if the Beneficiary is to return the Product.

The right of withdrawal is excluded for Products made to measure or otherwise customized, even if customized after purchase.

In order to exercise the right of withdrawal, the Customer can follow the online procedure found in the reserved section “My Account” and also in the link in the shipping confirmation e-mail. c.

The online withdrawal procedure is the one recommended by Giki, in order to speed up and simplify the return procedures, but the Customer can in any case, send to the e-mail ordini@giki.it of Giki a notice of its decision to withdraw from the contract, under the terms set forth in this article or use the form available below and Giki will promptly transmit a written acknowledgement of receipt of the withdrawal.

The Customer must then send the Products back without undue delay and in any case within 14 days of notifying Giki of the return.

The Customer must return the Product with applied on the return package the self-adhesive coupon bearing the return code of the Express Courier already provided by Giki at the time of delivery.

If the Customer adheres to one of the following return methods, the same is free of charge and the Customer is released from any liability in case of loss or damage of the Products during transportation:
– Delivery of the return at an Express Courier pickup point;
– Pickup at your address by the Express Courier;
– Delivery of the return at the boutique in Corso Trieste 136/a, authorized for pickup.

In the event that the Customer decides to use a return shipping method other than those indicated above, the Customer will be responsible for the liability for theft or loss and shipping costs, for which Giki will only reimburse an amount equivalent to the cost of standard shipping of the purchased Products.

Returns received will then be checked by Giki.

Products must be returned complete with all original packaging and labeling (including, boxes, accessories, tags, anti-use tag, labels, bags) and must not have been used, washed or damaged. The sole of the footwear must be intact.
Giki will have 14 days from the date of the Customer’s notice of withdrawal to process a refund of the amount due. However, Giki may withhold the refund until it has received the Product or until the Customer has demonstrated that it has returned the Product, whichever situation occurs first.

The Customer will be refunded all payments it has made to Giki, including delivery and return costs corresponding to the ordinary shipping method. Said refunds will be made using the same means of payment used by the Customer for the initial transaction, unless the Customer has expressly agreed otherwise with Giki.
A Beneficiary who wishes to return a gift may contact Giki directly at ordini@giki.it and follow the instructions for making the return. Under no circumstances may the relevant refund be made to a Beneficiary who has received the Product as a gift from a Customer. Refund will always be made directly to the Customer.
If there are any problems with the return, the Customer will be contacted by Giki for further clarification.
Giki reserves the right to refuse the return of those Products that are damaged, incomplete, deteriorated and/or dirty or in any state that suggests that the Products have been used.

If the Customer claims to have received damaged Products, they must be returned as received by the Customer, without the Customer submitting them for modification or attempted repair.

If the terms and conditions for exercising the right of withdrawal are not met, the Customer will not be entitled to a refund of the amounts.

13. Repair or Replacement of Products under Warranty
The Customer is entitled to the legal warranty in case of non-conformity of the Product manifesting within two years after delivery of the good. Any defects and faults must be reported to Giki within 2 (two) months from the date the Customer discovered the defect. In any case, the related action shall be time-barred within 26 (twenty-six) months from delivery of the Product, except in cases where Giki has fraudulently concealed such defects. Unless there is evidence to the contrary, defects in conformity that become apparent within the first 6 months from the date of delivery of the Product shall be presumed to have existed on that date, unless such a presumption is inconsistent with the nature of the good or the nature of the conformity defect. The warranty offered corresponds to that specified by the Consumer Code in Articles 128 to 132.
A Customer who, within the above terms, believes that the Product received has conformity defects and is not suitable for the purposes for which it was manufactured may contact Giki at the e-mail address ordini@giki.it and will be assisted through the rest of the procedure, or he can send a registered letter with return receipt directly to the address Corso Trieste 136/a 00198 Rome.
If Giki determines that the Product is defective or lacks conformity, the Customer shall have the right to have the conformity of the Product restored without charge by repair or replacement of the Product, unless the remedy sought is objectively impossible or excessively burdensome compared to the other.

In cases where the repair or replacement of the purchased Product is not possible or the same has not been carried out within a reasonable period of time, the Customer may request an appropriate reduction in the price or termination of the contract, without prejudice to the right to compensation for greater damages, if the causal link and its amount are proven.
The Customer will not be entitled to exercise the product warranty, and consequently it will not apply:
a) In the absence of proof of purchase;
(b) if the Product has been repaired/modified without Giki’s knowledge and authorization.

14. Authenticity of Products and Intellectual Property Rights
Giki guarantees the authenticity and high quality of all Products offered for sale on the Site. All trademarks relating to the products offered for sale on the Site including figurative and non-figurative trademarks, and more generally all illustrations, writings, images and logos on the Site, on Products, accessories and packaging are and remain the exclusive property of the individual manufacturers or companies that produce the Products, without the access to the Site giving rise to any rights over them on the part of the Customer. Any total or partial reproduction, modification or use of said trademarks, illustrations, images and logos, or other intellectual property rights of Giki or the manufacturers of the Products without their prior written consent is strictly prohibited.

15. Forza Maggiore
The performance of services by Giki s.r.l.s. may be suspended in the event of the occurrence of a fortuitous event or force majeure that prevents or delays their execution, to the extent that Giki is not responsible for such events. Giki shall inform the Customer of the occurrence of the unforeseeable event or force majeure without undue delay and in any case within 7 days of its occurrence. In the event that the suspension of the service lasts for a period longer than 15 days, the Customer has the option to cancel the Order placed with a full refund of the amounts already paid. This is without prejudice, in any case, to the Customer’s right of Withdrawal.

16. Privacy
In the Privacy Area of the Site, the Customer can obtain all information regarding the processing of his personal data and Cookies on the Site .

17. Applicable Law and Jurisdiction
Orders placed under these General Conditions of Sale are governed by Italian law in particular the Consumer Code.
The applicability of the 1980 Vienna Convention on the Sale of Goods is excluded. This is without prejudice to the applicability of local mandatory regulations related to the Client’s residence.
The jurisdiction applicable to contracts of sale concluded through the Site is the Court of Rome.

Mediation procedures or promoting out-of-court dispute resolution can be used to resolve disputes. In particular, Giki s.r.l.s., in the event of a dispute with one of its Clients, guarantees as of now, participation in an attempt at amicable conciliation that the Client may promote before a mediation body, which allows a satisfactory agreement to be reached with the help of a neutral and competent conciliator, in an amicable and safe manner.

The Client may also use the online platform provided by the European Commission for out-of-court alternative dispute resolution (so-called ODR platform), accessible at http://ec.europa.eu/consumers/odr .

This is without prejudice to the Client’s right to bring the matter before the ordinary court of competent jurisdiction.

Pursuant to and for the purposes of Articles 1341 and 1342 of the Civil Code, the Customer, after taking careful and specific knowledge and vision, approves and and expressly accepts clause number 17.
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