Terms of service

Contract for online sales to the consumer

Seller identification

These General Terms for online sales apply to all sales contracts agreed between Giglio Group SpA, which sells brand products Gaetano Aloisio having its registered offices in Via Visconti di Modrone 11, 20122 Milan - Italy, and the user, as intended under article 3 of Legislative Decree No. 206/2005 as the consumer i.e., the natural person acting for purposes unrelated to their trade, business, craft or professional activity on the basis of orders generated electronically through Aloisio.com.

 

For comunication

Address: Via Visconti di Modrone 11, 20122 Milan

E-mail: direzione@gaetanoaloisio.com

PEC: romastylegag@pec.it

Web: www.aloisio.com

 

Art. 1 - Definitions

1.1. "Buyer" is the consumer who is a natural person who purchases the goods referred to in this contract, for purposes not related to any commercial or professional activity carried out.

1.2. "Seller" is the person indicated in the epigraph.

1.3. The contract is considered accepted and concluded with the point and click system described in Article 3 of this contract or otherwise with systems and techniques specified in detail on the Seller's web page from time to time.

 

Art. 2 - Object of the contract

2.1. This contract refers to the goods presented and described on the Seller's website as well as on its social network channels, here to be understood in their essential characteristics and not as possibly depicted in images and / or photographs.

2.2. With this contract, respectively, the Seller realizes on specific indication of the Buyer and sells, the Buyer buys at a distance through telematic tools the sartorial goods conformed to his specific requests and made by the Seller, following the methods and customization options identified.

2.3. The goods made and purchased made available through the website are highly customizable and are entirely packaged according to the specific indication of the Buyer, with craftsmanship methods. The same goods, due to their intrinsic and extrinsic characteristics, represent unique and unrepeatable pieces, with characters and elements chosen by the Buyer and created through the ingenuity and creative activity of the Seller.

2.4. The characteristics of the products, including mandatory information, are made available before the conclusion of the purchase and confirmation of the order.

2.5. Given the modalities of the purchase proposal and the stipulation of the contract, by computer method and upon express request for personalization by the Buyer, the indications on the realization, the information on the product, on the shipping methods and delivery, price, payment methods, made on the Seller's web and social pages, as well as the labeling information on the products.

2.6. Some products offered for sale may be made with materials subject to restrictions or special requirements in certain countries (Washington Convention - CITES). The Seller undertakes to disclose all information that may relate to the aforementioned restrictions and the Buyer assumes the responsibility, exempting the Seller, of placing orders whose fulfillment could result in penalties for them.

2.7. The Seller operates with the same methods all over the world in compliance with the regulations in force, the Buyer is required to inform himself in advance of any legal provisions concerning the materials used for the realization of the selected goods, as well as any customs costs at his sole expense.

 

Art. 3 - How to stipulate the contract

3.1. The contract between the Seller and the Purchaser is concluded exclusively through the Internet by accessing the Purchaser at www.aloisio.com, where, following the procedures indicated, the Purchaser expresses his choices for personalizing the products. , formalizes the proposal for the purchase of the goods and concludes the contract referred to in the previous article 2 using the methods described in the following article 4.

 

Art. 4 - Conclusion and effectiveness of the contract

4.1. The purchase contract is concluded through the exact compilation of the forms on the Seller's website, at least in its mandatory parts, and with the consent to purchase expressed by adhering to the conditions of sale, as well as by filling out any other form / form expressly requested and present in the online electronic catalog and after viewing a web page summarizing the order, printable, in which the details of the ordering party and the order are shown, including the characters chosen for personalization, the price of the purchased goods, shipping costs and any additional accessory charges, payment methods and terms, the address where the goods will be delivered and the possible existence of the right of withdrawal (See article 13).

4.2. When the Seller receives the order from the Buyer, he sends a confirmation e-mail or displays a printable order confirmation and summary web page, which also contains the data recalled in the previous point.

4.3. The buyer must read the e-mail or web page indicated above.

4.4. The contract is not considered perfected and effective between the parties in default of what is indicated in the previous points.

 

Art. 5 - Terms of payment

5.1. Any payment by the Buyer can only be made by means of one of the methods indicated on the web page by the Seller.

5.2. All communications relating to payments take place on a specific line of the Seller. The Seller warrants the storage of this information and the descendant rights in compliance with the provisions of the current legislation on the protection of personal data.

 

Art. 6 - Delivery times and methods

6.1. Given the particular nature of the goods being sold and the methods of craftsmanship upon specific request for customization made by the Buyer, delivery times cannot be identified in advance and the Buyer is aware of this. The Seller will deliver the selected and ordered products, in the manner chosen by the Purchaser or indicated on the website at the time of the offer of the goods, as confirmed in the e-mail, or on the summary web page, referred to in article 4.

6.2. Shipping and delivery times can be monitored by the Buyer by contacting the customer service made available by the Seller.

6.3. Currently our products are shipped to:

- Italy
- European Union
- United Kingdom
- US
- Canada
- Mexico
- Israel
- Qatar
- United Arab Emirates
- Turkey
- Argentina
- Brazil

 6.4. The shipping cost are: 
- 19,99 Euro for Italy
- 29,99 Euro for European Union
- 39,99 Euro for the rest of the World
If the order is equal or more than 3000 euros, the shipping costs will be charged to the Seller

Art. 7 - Prices

7.1. All sales prices of the products indicated on the Seller's website or communicated by the same after the customization requests are expressed in euros and constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code.

7.2. The sales prices referred to in the previous point, unless otherwise specified, include VAT and any other taxes. Shipping costs and any additional charges are not included in the purchase price and are indicated and calculated in the purchase procedure.

7.3. Any prices indicated for each of the goods offered to the public are valid until the date indicated in the catalog or until the modification on the Seller's website. The Buyer undertakes to check for any changes from time to time.

 

Art. 8 - Availability of products

8.1. The Seller indicates the availability of the products. Should an order require a quantity of material in excess of that available, the Seller, via email or a specific warning on the web page, will notify the Buyer of the impossibility of accepting the reservation.

8.2. The Seller's computer system confirms the registration of the order by sending a confirmation by e-mail or by redirecting the Buyer to a specific web page, pursuant to Article 4.

 

Art. 9 - Limitation of Liability

9.1. The Seller assumes no responsibility for inefficiencies attributable to force majeure if it fails to execute the order within the time stipulated in the contract or in absolute terms.

9.2. The Seller cannot be held liable to the Buyer, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions connected to the use of the Internet outside of its own control or that of its subcontractors.

9.3. The Seller will also not be liable for damages, losses and costs incurred by the Buyer as a result of the failure to execute the contract for reasons not attributable to him.

9.4. The Seller assumes no responsibility for any fraudulent or illegal use that may be made by third parties, of credit cards, checks and other means of payment, for the payment of the purchased products, if he proves that he has taken all precautions. possible on the basis of the best science and experience of the moment and on the basis of ordinary diligence.

9.5. In no case can the Buyer be held responsible for delays or errors in payment if he proves that he has made the payment in the times and methods indicated by the Seller.

 

Art. 10 - Liability for defects, proof of damage and compensable damages: obligations of the Seller

10.1. In the event of damage caused by the product, the Buyer must notify the Seller in writing and must indicate the product that caused the damage and the date of purchase.

10.2. In any case, the Seller cannot be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product, to an imperative legal rule or to a binding provision, or if the state of scientific and technical knowledge, at the time in which the Seller put the product into circulation, did not yet allow to consider the product as defective.

10.3. No compensation will be due if the Damaged-Buyer has been aware of the defect of the product and the resulting danger and nonetheless voluntarily exposed to it.

10.4. For anything not included in this article, please refer to the legislation on consumer.

 

Art. 11 - Guarantees and methods of assistance

11.1. IThe Seller, pursuant to the Consumer Code, is generally liable for any lack of conformity that occurs within 2 years of delivery of the goods, without prejudice to the operation of various terms in light of the characteristics and nature of the fine (custom-made products, etc.).

11.2. For the purposes of this contract, it is assumed that consumer goods comply with the contract if, where relevant, the following circumstances coexist: a) they are suitable for the use for which goods of the same type are normally used; b) comply with the description made by the Seller and possess the qualities of the goods that the Seller has presented to the Buyer and that the latter has chosen and indicated; c) present the usual quality and performance of a good of the same type, which the Buyer can reasonably expect, taking into account the nature of the good and, where applicable, the declarations made by the Seller, the Manufacturer or their agents or representatives ; d) they are also suitable for the particular use desired by the Purchaser that has been brought to the attention of the Seller by the latter at the time of the conclusion of the contract and that the Seller has expressly accepted.

11.3. It should be noted that the goods being sold are made to measure and with artisanal methods, possess characteristics that are highly conformed to the demands and needs represented by the Buyer. Therefore, any discrepancies that may be found on the products do not constitute a "defect", but are to be understood as a pregnant characteristic of the product itself and a guarantee of production with artisan tailoring techniques and a direct consequence of the manufacturer's creative intervention.

11.4. In any case, the Buyer loses all rights if he does not report the lack of conformity to the Seller within 2 months from the date of discovery of the same. The report is not necessary if the Seller has acknowledged the existence of the defect or has concealed it.

11.5. In any case, unless proven otherwise, it is assumed that the lack of conformity that occurs within 6 months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the defect of compliance.

11.6. In the event of a macrosopic lack of conformity and in any case outside the hypothesis referred to in this article, the Purchaser may request, alternatively and without charge, under the conditions indicated below, the replacement of the purchased good, a reduction in the purchase price or the termination of this contract, unless the request is objectively impossible to satisfy or is excessively burdensome for the Seller pursuant to art. 130, paragraph 4, of the Consumer Code.

11.7. The request must be sent in writing on the channels indicated by the Seller, who will indicate his willingness to proceed with the request, or the reasons that prevent him from doing so, within 7 working days of receipt. In the same communication, where the Seller has accepted the Buyer's request, he must indicate the method of shipping or returning the goods as well as the deadline for the return or replacement of the defective goods.

11.8. If the repair and replacement are impossible or excessively expensive, or the Seller has not repaired or replaced the goods within the period referred to in the previous point or, finally, the replacement or repair previously carried out has caused significant inconvenience to the Buyer, the latter may request, at his choice, an appropriate reduction in the price or the termination of the contract. In this case, the Purchaser must send, by the same means indicated above, his request to the Seller, who will indicate his willingness to proceed with it, or the reasons that prevent him from doing so, within 7 working days of receipt.

11.9. In the same communication, the Seller who has accepted the Buyer's request must indicate the proposed price reduction or how to return the defective goods. In such cases it will be the Buyer's responsibility to indicate how to re-credit the amounts previously paid to the Seller.

11.10. In any case, the costs and costs of returning the products, including transport and customs duties, remain the responsibility of the Buyer.

11.11. For the purposes of this article and in order to identify the hypotheses of excessive onerousness and objective impossibility, the particular nature of the goods subject to sale must be taken into account as established in this contract as well as on the Seller's website; it will also be necessary to take into account the huge production and market value of the goods, their conformation to the specific indications and wishes of the Purchaser.

 

Art. 12 - Obligations of the Buyer

12.1. The Buyer undertakes to pay the price of the purchased goods within the times and methods indicated in the contract and shown on the reference web page.

12.2. Once the online purchase procedure has been completed, the Buyer undertakes to print and keep this contract.

12.3. The information contained in this contract is, however, already viewed and accepted by the Buyer, who acknowledges it, as this step is made mandatory before the purchase confirmation.

 

Art. 13 - Right of withdrawal

13.1. The Purchaser has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within the term of 14 (fourteen) working days, starting from the day of receipt of the purchased good, unless this hypothesis is incompatible with the nature of the goods (tailor-made products and with specific characteristics ordered by the Buyer) as required by the consumer code.

13.2. If the Purchaser decides to make use of the right of withdrawal, where provided according to the nature of the asset, he must notify the Seller by writing via email at customercare@aloisio.com

13.3. Where possible, the withdrawal, the return of the goods must in any case take place at the latest within 14 (fourteen) days from the date of communication of the withdrawal. In any case, in order to be entitled to refund of the price paid - net of the return handling costs subsequently indicated according to the Buyer's domicile -  the goods must be returned intact and, in any case, in a normal state of conservation. It is also mandatory that the item(s) still have the original labels intact and affixed with the original seal. 

13.4. The Purchaser cannot exercise this right of withdrawal for contracts for the purchase of products that have been used by the same, as well as goods made to measure or clearly personalized, and in any other case provided for by art. 59 of the Consumer Code.

13.5. For the exercise of the right of withdrawal, if it can be activated in accordance with this article, the direct costs of returning the goods to the Seller are quantified in euro 10.00 for Italy, euro 25.00 for the European Union, euro 35 for the rest of the World.
This amount will be subtracted from the refund amount.
The Seller will send waybill to the buyer.
The Seller is not obliged to reimburse the additional costs.

13.6. Where possible the withdrawal, the Seller will refund the full amount paid by the Buyer within 14 (fourteen) days of receipt of the notice of withdrawal.

13.7. For the purposes of the correct execution of this article, the Buyer must take into account the particular nature of the goods being sold.

 
Art. 14 - Method of archiving the contract

14.1. Pursuant to art. 12 of Legislative Decree 70/2003, the Seller informs the Buyer that each order sent is stored in digital / paper form on the server / at the Seller's headquarters according to criteria of confidentiality and security.

 

Art. 15 - Applicable law, competent court and referral

15.1. For any dispute concerning the validity, execution or interpretation of the contract and its effects, the Court of the place of residence or domicile of the Purchaser will be competent, if he is a consumer and is resident or domiciled in Italy.

15.2. Apart from the cases referred to in the first sentence, the Parties expressly agree that this contract, in accordance with international conventions, is governed by Italian law and for what is not expressly provided herein, the Italian laws applicable to the relationships and cases envisaged are valid. in this contract.

15.2.  The Parties expressly agree that the competent court to settle disputes arising from the application and interpretation of this contract is the one in which the Seller is based.