Terms of service

 

Before placing orders on the website www.umbertogiugliano.it, it is necessary to carefully read and accept the General Terms and Conditions of Sale set out below.

ARTICLE 1. THE COMPANY

The company SG GIUGLIANO SRL, with registered office at Piazza Principe Umberto 3, Nola (NA), VAT No. 07954401217, hereinafter referred to as “UMBERTO GIUGLIANO”, has created and manages the website www.umbertogiugliano.it, through which it is authorized to sell its menswear, footwear, perfumes and fashion accessories products, hereinafter referred to as the “Products”, to users visiting the website, hereinafter referred to as the “Users”.

For any complaint regarding an order placed, purchase made and/or Products purchased, Users may contact customer service at the following details:

E-mail: help@umbertogiugliano.it

Telephone: active from Tuesday to Saturday from 9:00 a.m. to 1:00 p.m. and from 4:30 p.m. to 8:30 p.m.

Address: Piazza Principe Umberto 3, Nola (NA).

ARTICLE 2. THE WEBSITE

The website www.umbertogiugliano.it, hereinafter the “Website”, is an e-commerce website accessible via the Internet at www.umbertogiugliano.it.

The Website is accessible from Italy to all Internet users, hereinafter “Internet Users”. Within the scope of these General Terms and Conditions of Sale, hereinafter “GTCS”, the term “Parties” shall jointly refer to the Users and Umberto Giugliano, while the term “Party” shall refer to either one individually. The term “Purchaser” shall refer to all Users who have placed an order for the purchase of Products with delivery exclusively within the Italian territory. The Purchaser shall be subject to the same rights and obligations provided for Users under these GTCS.

The sale of Products through the Website is intended solely for the personal use of Users and not for purposes related to their professional activity.

Products purchased on the Website shall be delivered exclusively within the territory of the Italian Republic, the Republic of San Marino and Vatican City State.

Orders with delivery addresses to a P.O. box cannot be processed.

Users wishing to purchase on the Website, aware of the civil and criminal liabilities in the event of false declarations, declare that they have full legal capacity and are of legal age under Italian law.

Any purchase order for Products offered on the Website implies consultation and express acceptance of the GTCS, without such acceptance being conditional upon the handwritten signature of the User.

In accordance with Articles 1321, 1322, 1326 and 1335 of the Italian Civil Code, Legislative Decree No. 21/2014, Legislative Decree No. 185/99, implementing Directive 97/7/EC, and Presidential Decree No. 513/97, the completion and submission of the order form referred to in Article 5 below, “Order placement and confirmation procedures”, constitutes, for all legal purposes, a sale contract between Umberto Giugliano and the User of the Website, giving rise to reciprocal rights and obligations governed by civil law, arising from the online sale of Products and from the relationships established by the Parties on the Internet and exclusively on the Website.

The User may save and print the GTCS, provided that no changes are made to them.

The GTCS define all the steps required to place an order, as described in Article 4 “Order placement and confirmation procedures”, and ensure the execution of said order between the Parties.

The applicable GTCS may be consulted at any time by clicking on the appropriate link.

Umberto Giugliano may update the GTCS at any time.

These GTCS shall apply to the exclusion of any other document.

ARTICLE 3. PRODUCTS

The Products offered for sale by Umberto Giugliano are those listed on the Website on the date the Website is consulted by the Users, subject to stock availability.

The photographs illustrating the Products do not fall within this contractual scope; therefore, Umberto Giugliano shall not be held liable for any errors and/or discrepancies.

Despite the commitment to ensure a faithful reproduction of the colours of the Products shown in the photographs published on the Website compared to the original colours, discrepancies cannot be excluded, particularly due to technical limitations in the digital reproduction of colours. Consequently, Umberto Giugliano shall not be held liable for errors and/or inaccuracies in the graphic and photographic reproduction of the Products on the Website.

Product availability.

The Products are offered subject to available stock. In the event that one of the Products is unavailable, the Purchaser shall be promptly informed.

Notification may be given:

– When the order is created: a window will be displayed indicating that the desired Product is temporarily unavailable.

– After order confirmation: before delivery, by e-mail or telephone.

If the unavailability of a product is reported after order confirmation, the Purchaser shall have the option to cancel the order by requesting a refund of the amounts paid for the unavailable products within and no later than 30 (thirty) days from their collection, or to request replacement of the unavailable Product(s) by e-mail.

Umberto Giugliano declines any liability in the event of products being out of stock or unavailable.

When placing an order on the Website, the User has the option to view all Products available for purchase online.

Retention of title

The ordered products remain the property of Umberto Giugliano until the full payment of the price has been received by the latter and until the Products are physically delivered to and received by the Purchaser. In the event of payment irregularities, the Purchaser undertakes to return the products received to Umberto Giugliano upon first request. Conversely, from the effective date of delivery, the risks, specifically those related to loss, theft or damage, concerning the delivered products shall be borne by the Purchaser.

ARTICLE 4. PRICES AND PAYMENTS

Prices

Product prices are indicated in Euro and include VAT applicable on the date of the order.

The price charged to the Purchaser is the price stated in the Order Confirmation sent by e-mail by Umberto Giugliano.

The stated price includes packaging costs, which are free of charge for Users; however, it does not include shipping costs, which shall remain the responsibility of the Purchaser, as well as costs for any delivery method different from the standard guaranteed delivery, without prejudice to any promotions relating to free shipping.

Umberto Giugliano reserves the right, which the User accepts, to change the prices published on the Website at any time. In any case, the price of the Products, subject to availability, shall be charged on the basis of the rates indicated at the time the order is registered. The applicable rate shall be the one indicated on the Website, except in the event of errors in the price of the Products, in which case Umberto Giugliano shall promptly inform the Purchaser and give them the option to reconfirm the order at the correct amount or cancel it; in the absence of reconfirmation, the order shall be cancelled and the full amount paid shall be refunded to the Purchaser.

Payments

All payments must be made immediately online. Unless the server is unavailable, Users of the Website may pay via PayPal, cash on delivery or the following credit cards:

  • Mastercard
  • Visa
  • Users of the Website must enter:
  • card number,
  • expiry date,
  • 3-digit security code on the back of the card, Visa and Mastercard only.

In order to avoid and reduce the risks of unauthorized access, card details will be encrypted. Once the Order has been received, Umberto Giugliano will charge the User’s card. If the selected payment method is PayPal, the amount relating to the Order will be charged to the PayPal account when the order is acquired.

In accordance with the applicable legislation, every purchase made through the website shall be subject to Value Added Tax, VAT, in accordance with current Italian law and Chapter I of Title V of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, whereby deliveries shall be deemed to take place in the Member State indicated in the delivery address of the items, with VAT being applied at the legal rate in force in each Member State of destination of the items delivered in each order.

ARTICLE 5. ORDER PLACEMENT AND CONFIRMATION PROCEDURES

Navigation within the Website

Users may view and select the various Products marketed by Umberto Giugliano at the following address: www.umbertogiugliano.it. Users may browse the various pages of the Website free of charge, with no obligation to purchase.

Order registration may be considered by Umberto Giugliano only if the delivery and billing address is located in Italy.

Placing an order

If a User wishes to place a purchase order, they must select the various Products of interest by clicking the “add to cart” button.

Each new Product added to the cart will be indicated by means of a specific window.

Users of the Website may, at any time:

  • view a summary of the selected Products or modify the order by clicking the “Cart” button, located at the top right of each page,
  • continue selecting Products by clicking “Continue shopping”,
  • complete the Product selection and place the order by clicking “Buy now”.

To order the selected Products, Users must click the “Cart” button.

A summary of the order will appear on the screen. If the displayed list corresponds to the selected Products, Users must confirm their selection by clicking the “Buy now” button.

The User must identify themselves by entering their e-mail address and password if already registered on the Website; otherwise, they must/may register or place the order without registering on the Website. The User acknowledges and accepts that entering their username constitutes proof of their identity and consent.

In the event of new registration, the User undertakes to complete the registration form made available to them in good faith and acknowledges that the data communicated and recorded on Umberto Giugliano’s information systems is accurate and constitutes proof of their identity. In order to complete the order, the User must strictly follow all the steps listed in this paragraph.

By using this website and/or placing orders through it, the User agrees to use the website only to make valid enquiries or orders and not to place false or fraudulent orders, which shall therefore be subject to cancellation by Umberto Giugliano.

Final validation of an order

The User must click the “I accept the General Terms and Conditions of Sale” box before proceeding to select the payment method.

Users are invited to enter their credit card details or log into their PayPal account.

Orders are validated after the card information has been entered or the payment request has been authorized through the PayPal account.

Through acceptance, even partial, of the order by Umberto Giugliano, the contract between the latter and the User/Purchaser shall be deemed concluded. Umberto Giugliano reserves the right, at its sole discretion, to accept the order. Acceptance shall be deemed tacit unless otherwise communicated to the User by any means. Any right of the User to compensation for damages or indemnity is excluded, as is any contractual or non-contractual liability for direct or indirect damage to persons and/or property caused by the non-acceptance, even partial, of an order.

Order confirmation

Once the Purchaser has validated the order and arranged the related payment, a summary window will appear showing the transaction number, receipt of the order, hereinafter the “Order Confirmation”, and confirmation that the order is being shipped, hereinafter the “Shipping Confirmation”. This confirmation will also be sent to the Purchaser in the order confirmation sent by e-mail. This confirmation shall include all the essential elements of the contract entered into between the Parties, including the requested Products, payment provisions, delivery provisions and the address of Umberto Giugliano’s registered office to which any complaints may be sent, pursuant to Article 1 of these GTCS. It is recommended, in any case, to keep a copy, electronic or paper, of the information relating to the order. The data recorded and collected on the Website shall constitute full proof of all transactions concluded between the Purchaser and Umberto Giugliano. In the event of a dispute between Umberto Giugliano and the Purchaser regarding a transaction carried out on the Website, the data recorded by Umberto Giugliano shall constitute full proof of the content and transaction. Umberto Giugliano shall keep a copy of the contract concluded between Umberto Giugliano and the Purchaser in electronic form for a period from the conclusion of the contract until the date of delivery of the goods and for the following ten years. The Purchaser is authorized to access this written copy at any time by sending an e-mail to: help@umbertogiugliano.it or by contacting the details referred to in Article 1 of these GTCS and attaching proof of identity.

ARTICLE 6. DELIVERY

Delivery methods and times

Order delivery is managed by the logistics centre located at SG GIUGLIANO SRL, Piazza Principe Umberto 3, Nola (NA), and orders are shipped with the TNT/DHL transport company. Orders are sent within the time frame indicated in the Order Confirmation and, in any case, no later than thirty (30) working days from the day following receipt of the Order Confirmation e-mail. The products ordered by a Purchaser shall be delivered to the address stated on the order form. In the event of the Purchaser’s absence, the Products subject to the order shall be sent to the depot selected by Umberto Giugliano and the Purchaser shall be left a notice specifying the location of the products subject to the order and the methods for arranging a new delivery. If delivery cannot take place for reasons not attributable to Umberto Giugliano after 15 days from the date on which the order is available for delivery, the Contract shall be deemed terminated and the Purchaser shall be promptly reimbursed all amounts paid, including delivery costs, excluding any additional costs resulting from the choice of a delivery method other than the ordinary method and without prejudice to any additional transport costs arising from the termination of the Contract, and in any case within 14 days from the date of termination of the Contract. It is specified that deliveries are not made on Saturdays, Sundays and public holidays, and that delivery shall be deemed completed when the Purchaser or a third party designated by them acquires physical availability of the products, as proven by the signing of the order receipt at the agreed shipping address.

Delivery problems

In the event of a delivery delay, the Purchaser must inform customer service as soon as possible by sending an e-mail to: help@umbertogiugliano.it or by contacting the details referred to in Article 1 of these GTCS. Umberto Giugliano undertakes to contact the TNT transport company for verification. The duration of the verification cannot be predicted. In the event of failure to comply with delivery deadlines or any additional deadline granted, the Purchaser’s right to terminate this contract pursuant to Article 61 of Legislative Decree No. 21/2014 shall remain unaffected, with consequent reimbursement of all amounts spent, provided that Umberto Giugliano shall first inform the Purchaser of the delay in order to ascertain whether the latter is willing to accept the delay and postpone delivery. It is also specified that transport risks shall be borne by the Purchaser, as shall risks relating to loss or damage to the Products from the moment the Purchaser acquires physical possession of them. After receiving the ordered Products, the Purchaser is required to verify that the Products correspond to those ordered. In order to report any detectable anomalies, such as missing or damaged products, damaged packaging, tearing, etc., the User may accept the Products subject to verification and, in the event such facts are confirmed, they must be indicated by the Purchaser within 24 hours on the form sent with the order and communicated to Umberto Giugliano customer service by sending an e-mail to: help@umbertogiugliano.it or by contacting Umberto Giugliano using the details referred to in Article 1 of these GTCS, specifying for which product the anomalies were found. Any complaints not reported or sent more than 24 hours after delivery of the products will be rejected and Umberto Giugliano shall assume no responsibility for them. Umberto Giugliano shall not be held liable in the event of loss, shipment to an incorrect address or delayed delivery of a Product, insofar as the risks relating to the transport chosen by the Purchaser are borne by the latter. It is mandatory to provide personal data related to delivery, as such data is necessary to process and ship orders, as well as to prepare the invoice. Such personal data is strictly confidential. Failure to provide such personal information shall make it impossible to process the order.

ARTICLE 7. RIGHT OF WITHDRAWAL AND RETURN OF GOODS

In full compliance with Article 49, paragraph 1, letter h) of Legislative Decree No. 21/2014, the Purchaser has a period of 14 (fourteen) working days to return, at their own expense, the Products if they are not satisfied with them, and to keep the Products until that time. This period starts from the day the order is delivered. In the event of an established breach of Article 49, paragraph 1, letter h) of Legislative Decree No. 21/2014, pursuant to Article 53 of the aforementioned Legislative Decree, the withdrawal period guaranteed to the Purchaser shall be extended to twelve months after the initial withdrawal period. Umberto Giugliano may provide the Purchaser with the information referred to in Article 49 within twelve months of the established breach, and the right of withdrawal shall end fourteen days after the day on which the Purchaser receives such information. In the event of the purchase of several Products delivered at different times, the aforementioned period shall start from receipt of the last item covered by the purchase Order. Such withdrawal notice may be sent by registered letter, using the model attached as Annex 1 to these GTCS, as per Annex 1 to Legislative Decree No. 21/2014, to be sent to: SG Giugliano S.r.l., operational headquarters Piazza Principe Umberto 3 Nola (NA), or by following the instructions on the website www.umbertogiugliano.it and carrying out the online procedure. The withdrawal period begins on the day the order is received and ends after 14 (fourteen) working days from the time the order is received by the Purchaser. In the event of withdrawal, the Purchaser shall be refunded only the price of the returned products, while a cost of Euro 5.00, five/00, shall be charged for the return parcel collection service borne by the Purchaser. The right of withdrawal may be exercised only by the Purchaser and not by third parties. The products must be returned, together with the delivery note received, to: SG GIUGLIANO S.r.l., at Piazza Principe Umberto 3 – Nola (NA) 80035. The direct costs of returning the products, namely the shipping costs relating to the return of the same, shall be borne by the User, who, before confirming the withdrawal request, shall be informed of the transport cost and the courier to be used for the return in the appropriate “returns and refunds” section. If the Purchaser claims that Umberto Giugliano failed to recognize the right of withdrawal due to non-receipt of the withdrawal notice, the burden of proof shall lie with the Purchaser to demonstrate that they complied with this requirement.

Exclusions from the right of withdrawal

Pursuant to Article 59 of Legislative Decree No. 21/2014, the right of withdrawal referred to in this article is excluded in relation to:

  • Express waiver by the Purchaser;
  • Purchases of customized Products made by Umberto Giugliano according to the User’s instructions;
  • Purchases of Products combined with others for special occasions;
  • Underwear.

Products that do not satisfy the Purchaser

If a Purchaser exercises the right of withdrawal, the Product(s) must be returned in their original form and packaging, complete and accompanied by the TNT delivery note slip. The Purchaser shall bear the shipping costs for returning the Products amounting to Euro 5.00, five/00, except for non-compliant Products. Umberto Giugliano shall not accept Products sent cash on delivery. The Purchaser assumes all reasonable risks connected with the return of the Products. If the above circumstances are met, Umberto Giugliano shall refund the Purchaser within a maximum of 14 (fourteen) working days from the day on which it is informed of the consumer’s decision to withdraw, for an amount corresponding to the Products purchased. The Purchaser shall only be responsible for any decrease in the value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the Products. Umberto Giugliano shall make the refund using the same payment method used by the Purchaser for the initial transaction, unless otherwise agreed by the latter. Umberto Giugliano is not required to reimburse additional costs if the Purchaser has expressly chosen a type of delivery other than the least expensive one offered by Umberto Giugliano. No refund shall be made: (a) if the product has been used beyond simple opening; (b) for products that are not in the same condition in which they were delivered and/or have been damaged and/or are not intact and in a normal state of preservation and/or do not have the identification tag attached. Umberto Giugliano may withhold the refund within 14 (fourteen) working days until the Purchaser has received the goods or has provided proof of having shipped the goods.

Non-compliant products

Non-compliant Products shall mean products sent in error by Umberto Giugliano or products presenting flaws or defects. If the Purchaser believes that, at the time of delivery, the Product does not comply with the Contract, they must contact Umberto Giugliano within 24 hours of receiving the goods, using the contact form and indicating the product details, and return the same to: SG GIUGLIANO s.r.l. at Piazza Principe Umberto 3 – Nola (NA) 80035 within 14 (fourteen) working days from the date of receipt of the Product, in its original packaging. Umberto Giugliano will examine the returned product and communicate by e-mail whether it will proceed with the refund. The refund of the item shall in any case be made within 14 days from the date of the specific e-mail confirming to the User that it will proceed with the refund of the unsuitable item. The direct costs of returning the goods shall be borne by the Purchaser, while the amount paid for products returned due to damage or defect, if confirmed by Umberto Giugliano, shall be fully refunded, including delivery costs incurred for sending them.

Products on promotion

In the event of purchases of products on promotion, 3×2/Multipack, returns may be made as follows:

– By returning all items purchased, receiving the full amount spent, net of shipping costs;

– By returning one or more products purchased with the 3×2 promotion, you will be granted an amount equal to the initial purchase cost of the individual item, reduced by a value resulting from a weighted average of the discount applied to the three products.

The amount refunded shall always be net of shipping costs.

ARTICLE 8. LEGAL WARRANTY

The Legal Warranty of conformity is governed by Articles 128 et seq. of the Consumer Code in favour of the consumer who purchases products for personal use, that is, for purposes unrelated to their professional or business activity, and which present conformity defects. A conformity defect, subject to the Legal Warranty of conformity, exists when the purchased product is defective or does not allow the use for which goods of the same type are normally intended, or is otherwise a product not conforming to the description provided by the seller. The Legal Warranty of conformity does not cover product defects resulting from normal wear and tear, abnormal or improper use, accidental events, for example dropping, or defects intentionally caused to the product, nor does it cover defects resulting from repairs carried out using methods or by centres that are not authorized. In the presence of a conformity defect existing at the time of delivery of the goods: primarily, the Purchaser has the right to have the conformity of the goods restored, free of charge, through repair or replacement. The Purchaser may, at their choice, ask Umberto Giugliano to repair or replace the goods, unless the requested remedy is objectively impossible or excessively costly compared to the other. Repairs or replacements must be carried out within a reasonable time from the request. Secondarily, where the first two remedies are impossible or excessively costly, or have not been completed within a reasonable time, or are inconvenient, the Purchaser may request, at their choice, an appropriate price reduction, which must take into account the use made of the product, or termination of the contract. Any conventional warranties, additional to the Legal Warranty of conformity and provided by the manufacturer or retailer, do not replace or limit the rights deriving from the Legal Warranty of conformity. The Legal Warranty of conformity covers conformity defects that appear within two years from delivery of the purchased product, provided that such defects are reported by the consumer within two months from the date on which they were discovered and provided that the Purchaser has proof of purchase, fiscal receipt or detailed receipt, expressly indicating the Product.

ARTICLE 9. FORCE MAJEURE

Neither Party shall be liable for total or partial non-performance or delay in the performance of its obligations under this contract caused by an event that cannot be prevented, hereinafter referred to as “Force Majeure”. Force Majeure events may include, by way of example only, wars, riots, insurrections, serious disruption of Internet security, technical failures, unauthorized access and/or intrusion into the website servers, strikes of any kind, telematic or telephone failures. If a Party believes that a Force Majeure event has occurred, it must inform the other party within 5 working days of the occurrence of the event or the risk of such event occurring. The Parties agree to meet in order to jointly determine the terms and conditions for fulfilling orders during the presence of a Force Majeure event. After 1 (one) month of interruption due to a Force Majeure event, Umberto Giugliano may choose to cancel the orders and refund the Purchaser, where due.

ARTICLE 10. PROTECTION OF PERSONAL DATA

The entry of personal information collected within the scope of distance selling is mandatory, as such information is necessary for the processing and delivery of orders, as well as for issuing invoices. Such information is strictly confidential. Failure to enter it shall result in the automatic rejection of the order. In accordance with Law No. 78-17 of 6 January 1978 relating to information technology, files and freedoms, the processing of personal information collected on the Website has been declared to the National Commission for Information Technology and Liberties. The User has the right to access, modify, rectify and delete data concerning them. To exercise this right, the User must send an e-mail to: help@umbertogiugliano.it The Purchaser may therefore make informed choices regarding the personal information provided to the Website.

ARTICLE 11. PARTIAL INVALIDITY

If one or more clauses of the GTCS is deemed invalid or declared as such pursuant to law, regulation or a final court judgment, all other clauses shall remain fully valid.

ARTICLE 12. ENTIRE AGREEMENT

These GTCS and the entire summary sent to the Purchaser form an integral part of the contractual relations between the Parties. In the event of any discrepancy between these documents, the GTCS shall prevail.

ARTICLE 13. APPLICABLE LAW AND JURISDICTION

The GTCS and the contractual relationships between Umberto Giugliano and the Purchaser shall be governed by Italian law. For any dispute that may arise regarding the interpretation and/or execution of this contract, the Court of Naples shall have exclusive jurisdiction.

ARTICLE 14. CHANGES TO THIS POLICY

Without prejudice to the fact that Umberto Giugliano does not in any case carry out processing operations other than those expressly authorized and/or requested by each User, this policy may be amended to comply with new legal provisions or changes in Umberto Giugliano’s data processing policies. Each updated version of this policy will be made available on the Website in the dedicated section: Umberto Giugliano therefore invites all Users to periodically consult the Website in order to remain informed of the latest version uploaded.