Terms & Conditions

These General Terms and Conditions of Sale (“GTCS”) govern the offer and sale of products through the site www.gianvitorossi.com (“Site”).

The products marketed on the Site ("Products", as defined below) are offered and sold by Gianvito Rossi S.r.l. with registered office in San Mauro Pascoli (FC), Via dell'Indipendenza no. 15, Italy, Tax Code and P.I. 03591680404 ("GIANVITO ROSSI"); telephone number: +39 05 41 93 56 00; e-mail address: customercare@gianvitorossi.com.

GIANVITO ROSSI is the owner of the Site, as well as the owner of the "Gianvito Rossi" trademark (the "Trademark").

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Definitions

In these GTCS, the following terms shall have the meaning specified below:

Consumer: the natural person who, in connection with the purchase of Products, is acting for purposes which are not related to any entrepreneurial, commercial, professional or craft activity.

Consumer Code: the Legislative Decree no. 206/2005 and its subsequent amendments.

Contract: the contract concluded between GIANVITO ROSSI and a Purchaser through the Seller's Site and subject to the provisions of these GTCS.

Mini Shopping Cart: the tool on the Site that allows Purchasers to select products for purchase and that appears and disappears sideways on the web page each time the Purchaser selects the "Add to Cart" option.

Order: the purchase request sent by the Purchaser to GIANVITO ROSSI via the Site by electronic means, containing a summary of the Products selected, the description, the item code, the quantity, the size, the colour, the genre and the "Made in" indications, the customs code, if applicable, the currency, the unit price of each Product, the Total Cost Due (as defined below).

Order Confirmation: is the e-mail sent by GIANVITO ROSSI accepting the Order sent by the Purchaser via the Site in telematic mode and informing the Purchaser that he/she may proceed with its execution.

Parties: Seller and Purchaser jointly.

Products: the movable goods (such as, for example, men's/women's shoes and small accessories) under the “Gianvito Rossi” brand that are listed in the electronic catalogue published on the Site at the time of the order by the Purchaser.

Purchaser and/or User: the final Consumer authorised to use the Site to purchase Products in the manner set out in these GTCS.

Reseller: is the person who resells what is purchased to others.

Seller: indicates GIANVITO ROSSI, which manages the Site and sells the products directly to Purchasers.

Shopping Cart: the tool on the Site which enables Purchasers to select and purchase Products.

 

1. Scope and object of the Contract

1.1 These General Terms and Conditions, which are made available to the Purchaser for the purposes set out in article 12 of Legislative Decree 70/2003, concern the offer and sale of Products at a distance and by means of telematic network, through the Site.

The offer and sale on the Site of the Products constitute a distance contract governed by Chapter I, Title III (Articles 45 et seq.) of the Consumer Code and by Legislative Decree 70/2003 containing the rules on electronic commerce.

1.2 These GTCS apply to all sales made by GIANVITO ROSSI on the Site. However, they do not apply to any sales made by other parties present on the Site through links, banners or other hypertext links. GIANVITO ROSSI does not control the web sites that can be consulted through such links and is not responsible for the sale of products made by such entities.

1.3 GIANVITO ROSSI reserves the right to modify these GTCS at any time. Any modification and/or new GTCS will be in force from the moment they are published on the Site. In any case, the GTCS applicable to an order will always be those accepted by the Purchaser at the time of placing the Order.

1.4 These GTCS apply to Sales made in Italy and in all other countries for which the purchase can be made through the Site.

 

2. Purchases on the Site

2.1 The purchase of Products through the Site is only permitted to persons who: (i) are at least 18 years of age or such other age as may be required by applicable law; (ii) are consumers and not professionals; (iii) are not engaged in any commercial, entrepreneurial and/or professional activity and/or are not involved in any fraudulent activity; (iv) provide a valid and existing e-mail address for GIANVITO ROSSI to properly accept the Order; (v) do not send the Order through the use of any software, robot, spider or any other automated system or behaviour based on scripts or the use of third party services.

2.2 In the event that GIANVITO ROSSI detects elements confirming or evidencing non-compliant behaviour (e.g., abuse of the right of return, a non-genuine purchase by the Purchaser, failure to collect the parcel from the courier responsible for delivery more than twice), GIANVITO ROSSI will be entitled to permanently prevent the Purchaser from placing any further orders on the Site.

 

3. How to Order

3.1 The purchase of Products on the Site may be made after registration on the Site (see article 3.2 et seq.) or in "Guest" mode (see Article 3.5 below).

3.2 Registration on the Site is free of charge. To register, click on “Create an Account” and complete the registration form.

The User guarantees that the data provided to GIANVITO ROSSI during the registration procedure on the Site and/or at any other time during the contractual relationship are valid, complete and true.

Registration credentials must be kept by the User with extreme care and attention, may only be used by the User and may not be passed on to third parties. The User undertakes to keep them secret and to ensure that no third party has access to them. The User also undertakes to inform GIANVITO ROSSI immediately if he/she suspects or becomes aware of any improper use or disclosure.

3.3 The registered User can access the Site by entering his e-mail and password on the login page.

3.4 In order to proceed with the purchase, once authenticated, the User will need to:

A. select the Products wished to purchase by clicking on the relevant icons accessible from the home page of the Site.

B. after selecting the Products, choose the size and colour. It is possible to modify the selected Products by clicking on the preview;

C. click on “Add to Cart”;

D. at this point it is possible:

1. continue shopping by closing the Mini Shopping Cart by clicking on the "X" or anywhere outside the "Mini Shopping Cart". It is possible to return to the Shopping Cart at any time by clicking on the relevant icon in the top right-hand corner of the screen;
2. check the contents of the Shopping Cart (the list of selected Products, the quantity and the subtotal) by clicking on the “View Shopping Cart” icon;
3. proceed with the checkout to carry out the order process by clicking on “Secure Checkout”;

E. choose the shipping method by entering a new shipping address or selecting a previously saved one. The various shipping options are indicated on the Site together with the relevant costs and estimated delivery times;

F. click on the “Proceed to Payment” icon;

G. select the preferred method of payment from those indicated on the Site;

H. click on “Review and send order”.

At this stage the User can change all the Order parameters entered (shipping address, billing address, payment method and Shopping Cart contents);

I. Before proceeding, the Purchaser must carefully read the GTCS and accept them by clicking on "I agree to Terms & Conditions" box, as well as read the "Privacy Policy". Transmission of the Order implies acceptance of the GTCS, therefore, in the event that the Purchaser does not agree with any of the terms set out in the GTCS, he is invited not to submit his Order;

L. click on “Send Order”;

M. check your e-mail box for receipt of an e-mail with the Order Confirmation.

3.5 It is possible to make a purchase in "Guest" mode without registering on the Site. To do this, the User must access the main page and select the Products he/she wishes to purchase in the same way as described in clause 3.4 above, but without registering. When proceeding to checkout to complete the order, the User must select "Secure checkout", then select the "Guest checkout" icon and fill in the "e-mail" field.

3.6 At the Purchaser's request, GIANVITO ROSSI will issue a commercial invoice: to this end, the Purchaser may request the invoice using the specific "Contact Us" form, selecting "Invoice" in the "Object" field.

 

4. Conclusion of the Contract

4.1 The Contract entered into through the Site is concluded when GIANVITO ROSSI sends the e-mail with the formal Order Confirmation to the Purchaser.

4.2 The receipt of the Order does not bind the Seller until the Seller has communicated the Order Confirmation by e-mail. Please note that, upon receipt by GIANVITO ROSSI of the Purchaser's Order, the system may automatically send a simple e-mail summarising the Order received, which shall not be deemed as a formal acceptance thereof.

4.3 The Purchaser expressly grants the Seller the right to accept the Order even partially (e.g. in the event that not all of the Products ordered are available). In this case, the Contract shall be deemed to have been concluded with respect to the goods specified in the Order Confirmation.

4.4 Pursuant to Legislative Decree No. 70/2003, GIANVITO ROSSI informs the Purchaser that the form containing the Order will be stored in GIANVITO ROSSI's database for the time necessary to process the Order and, in any case, within the terms set out by law.

4.5 To access their Order form and to download a copy of the GTCS, A) the registered User may consult the "Account Overview - Order History" section of the Sit; B) the non-registered User may consult the “Track Your Order” page.

4.6 The languages available to Users for the conclusion of the contract are Italian, French, German and English.

 

5. Non-acceptance, cancellation and deletion of Orders

5.1 The Site is exclusively intended for sale by GIANVITO ROSSI to Consumers. The purchase of Products for resale and/or by Resellers is therefore prohibited.

5.2 Fulfilment of Orders is subject to the availability of Products.

5.3 The availability of Products is constantly monitored and updated by GIANVITO ROSSI. However, GIANVITO ROSSI does not guarantee the availability of the Product selected by the User and it may happen that several Users purchase the same Product at the same time. In such cases, the Product may be available for a short period of time, while it may be out of stock or not immediately available due to the need to wait for restocking.

5.4 In the event of unavailability of the Product for the above reasons or in any other case of unavailability of the Product, GIANVITO ROSSI will immediately inform the Purchaser by e-mail of the cancellation of the Order.

5.5 If the Product is to be restocked, GIANVITO ROSSI may propose to the Purchaser an extension of the delivery terms, without prejudice to the Purchaser's right not to accept the proposed change.

5.6 GIANVITO ROSSI reserves the right not to accept Orders or to cancel them by giving written notice to the Purchaser if:

• these are Orders that may be abnormal in terms of the number of pieces or the frequency of purchases;
• Orders made by persons involved in fraud of any kind or who have issued false or incomplete identification data;
• the billing information is incorrect or cannot be verified;
• these are Orders with inconsistencies that make them impossible to execute them;
• for reasons of force majeure;
• for unavailability of Products.

5.7 In the event of non-acceptance, cancellation and/or annulment of the Order, GIANVITO ROSSI will refund to the User, within 15 calendar days from the date of the e-mail informing the User of the cancellation of the Order, the total cost due (as defined in article 7.4 of these GTCS), if the User has already paid the total amount due, without prejudice to any different terms required by the manager of the card used for payment. The refund will be made to the same means of payment used by the User for the purchase.

 

6. Product Information

6.1 The main features of each Product are summarised in the Order Confirmation. The images and descriptions on the Site reflect the characteristics of the Products as accurately as possible. The colours of the Products, however, may differ from the actual colors due to the settings of the computer systems or computers used by the Users to view them. Furthermore, the images of the Products on the Product sheet may differ in size or in relation to any accessories. Such images should therefore be considered as indicative. For the purposes of the Contract, the description of the Product contained in the Order Confirmation sent to the User shall prevail.

 

7. Prices

7.1 Prices are expressed in euros and may also be indicated in the different currencies of the countries where GIANVITO ROSSI sells through the Site.

7.2 Prices do not constitute an offer to the Consumer.

7.3 The price of the Products may be updated at any time without prior notice, it being understood that, in the event of Order Confirmation, the price charged to the Purchaser shall be the price indicated on the Site at the time the Order is placed, without taking into account any variations (up or down) after the Order has been placed.

7.4 The final sales prices are inclusive of VAT (both the price exclusive of VAT and the gross price intended as the final price are indicated on the Site) but exclusive of delivery charges. In any case, the total cost to be paid by the Purchaser, made up of the price of the Products, the delivery costs and any additional costs (the "Total Cost Due"), will be indicated to the Purchaser in the Order generated when the User clicks on the "Check Order" icon during the purchase process. The Total Due Cost does not include any costs that are not directly charged by GIANVITO ROSSI, such as customs costs for deliveries outside the EU.

7.5 The prices of the Products are indicated in accordance with the provisions on announcements of price reductions contained in Legislative Decree no. 26 of 7 March 2023, which implements EU Directive 2019/2161. Therefore, any announcement of a price reduction shall indicate the lowest price applied by GIANVITO ROSSI in the 30 days preceding the application of such reduction, within the limits and in accordance with the provisions of the aforementioned regulations.

 

8. Properties

8.1 The Products shall remain the property of GIANVITO ROSSI until the Total Due Costs have been paid by the Purchaser. Failure to pay the total amount due or failure to confirm successful payment will result in the Order being cancelled or, if the Order Confirmation has already been sent to the Purchaser, the Contract will be deemed to have been cancelled in accordance with article 1456 of the Italian Civil Code and GIANVITO ROSSI will notify the Purchaser by e-mail.

 

9. Payments

9.1 The methods of payment for the price of the Products and the relevant shipping and delivery costs are indicated in the order form on the Site. Under no circumstances will you be charged more than the actual costs incurred by GIANVITO ROSSI in relation to the chosen method of payment.

9.2 In the case of payment by credit card, the financial information (e.g. credit/debit card number or expiration date) will never be used by GIANVITO ROSSI except to complete the procedures related to the purchase and to issue relevant refunds in case of return of Products or exercise of the right of withdrawal, or if it is necessary to prevent or report to the police or to the public authorities any fraud committed through the Site to the detriment of GIANVITO ROSSI. The price for the purchase of the Products and the shipping costs will be charged to the current account indicated by the Purchaser at the time of shipment of the Products purchased.

9.3 Please note that if there is no correspondence between the recipient of the Products indicated in the Order and the person who paid the sums due for the purchase in question, the refund of the sums due, even in the case of the exercise of the right of withdrawal or return, will be made by GIANVITO ROSSI to the person who paid the sums due.

 

10. Delivery of Products

10.1 GIANVITO ROSSI shall deliver the Products ordered to the Purchaser without delay and at the latest within 30 days from the date of the Order Confirmation to the address indicated by the Purchaser for delivery, using the methods indicated in the preceding articles, by means of reliable couriers and/or forwarding agents. Delivery will take place within the timeframe summarised on the Site in the section where delivery methods are indicated. Delivery times are calculated on the basis of working days only, excluding Saturdays, Sundays and public holidays.

10.2 No liability can be attributed to the Seller for delayed or non-delivery due to unavailability of the Purchaser, force majeure or unforeseeable circumstances.

10.3 Once the Products have been delivered to the carrier, the Purchaser will receive an email confirming the delivery and containing a link and/or tracking code that will allow the Purchaser to follow the progress of the shipment.

10.4 Upon receipt, the Purchaser shall verify that the Product delivered to him conforms to the Order placed. Only after such verification shall the delivery documents, if any, be signed.

10.5 Delivery of the Products purchased on the Site is made, regardless of the User's nationality, place of residence or establishment, within the borders of the State associated with the Country in which the User is browsing the Site at the time the Order is placed (the "Country of Navigation"). The User, regardless of his nationality, place of residence or establishment, is therefore obliged to enter a shipping address in the Order form that is within the borders of the State associated with the Country of Navigation. Otherwise, GIANVITO ROSSI shall not be obliged to deliver and reserves the right to cancel the Order.

10.6 If the option is available on the Site, the User may choose Boutique Delivery by selecting the stores indicated on the Site by clicking on "Pick up in store".

 

11. Right of Withdrawal - Replacement of Products - Returns and Refunds

11.1 Pursuant to art. 52 of the Consumer Code, the Purchaser has the right to withdraw from the Contract concluded with GIANVITO ROSSI within fourteen days from the day on which the Purchaser took physical possession of the Product, without having to give any reason.

11.2 Pursuant to art. 54 of the Consumer Code, the Purchaser may exercise the right of withdrawal in one of the following ways, at his discretion: A. by sending an explicit declaration to GIANVITO ROSSI at the e-mail address customercare@gianvitorossi.com in which he communicates his wish to exercise the right of withdrawal; B. by sending to the e-mail address customercare@gianvitorossi.com the Withdrawal Form ("WF") to be filled in completely by the User and downloadable at the following link: Withdrawal Form; C. by selecting directly on the Site in the "Contact Us" Section, the item "Withdrawal" in the drop-down menu of the "Object" field. In any case, GIANVITO ROSSI shall send the Purchaser an e-mail confirmation of the receipt of the withdrawal declaration.

11.3 After exercising the right of withdrawal, if the Purchaser has already received the Products, the Purchaser must return them to GIANVITO ROSSI without any undue delay and in any case within and not later than fourteen calendar days from the date on which the Purchaser notified GIANVITO ROSSI of her/his intention to withdraw.

11.4 The return can take place A. in the boutique if this option is available on the Site, or B. by sending the Product to GIANVITO ROSSI by sending the parcel to the address Gianvito Rossi S.r.l., OnLine Warehouse, Via San Crispino 2, 47030 San Mauro Pascoli (FC), Italy. The Product will be considered as returned when it is delivered, within the aforementioned time limit, to the courier specified by GIANVITO ROSSI.

11.5 In the case of clause 11.4 B., the return must be made by the courier specified by GIANVITO ROSSI. If the Purchaser chooses a different courier, the costs of shipping and any customs duties shall be borne by the Purchaser and GIANVITO ROSSI shall not be liable for any damage, loss or delay in the return of the goods.

11.6 In order to proceed with the shipment of the package, the User may: A. ask for the support of GIANVITO ROSSI's Customer Care, which can be contacted either by e-mail at customercare@gianvitorossi.com or by phone +39 05 41 93 56 00 or on the Site by clicking on the "Contact us" link in the "Customer Service" section; B. or, alternatively, use the pre-printed return label inserted inside the packaging or generated by the User himself where the function is available on the Site.

11.7 Except in the case of boutique returns, the Purchaser shall necessarily contact Customer Care whenever customs transit is required for the shipment. In this case, the Purchaser must provide Customer Care with all the information necessary to complete the customs documentation required for the shipment, which Customer Care shall download and send to the Purchaser. In the event that the return is subject to customs duties and the Purchaser chooses to proceed independently with its own courier and without contacting Customer Care, GIANVITO ROSSI will not be responsible for any costs related to the shipment, customs duties and taxes.

 

11.8 The Purchaser must return the Products from the same country in which they were delivered. It is therefore not possible to ship from a country other than the country where delivery took place.

 

11.9 The Purchaser must take particular care when packaging the Products to be returned. Should the returned Products be damaged due to improper packaging, GIANVITO ROSSI reserves the right to refuse the return.

 

11.10 In any case, the Products must be returned to GIANVITO ROSSI undamaged, complete and in the same conditions in which they were received, with all accessories and illustration sheets, with the identification tags and labels, if any, still attached to the Products, and not tampered with or in a condition that could affect their resale. The protective stickers on the soles must not be removed in any way during the trial. The garments to be returned may not have been used by the Purchaser in any way other than to the extent compatible with carrying out a normal trial necessary to decide whether or not to keep them (for example, the Products must not show signs of prolonged use or in any case beyond the minimum time necessary for a trial). Products returned without a box, in a damaged box, with obvious marks on the sole and without protective stickers or with missing components (such as the protective bag) cannot be accepted: they will be returned to the delivery address indicated on the original order. Products returned must be the same style and size purchased and for which the Purchaser is requesting a refund.

11.11 Furthermore, the right of withdrawal does not apply to custom-made Products or Products made at the Purchaser’s request.

11.12 In the event that one of the legal cases of exclusion of the right of withdrawal occurs, GIANVITO ROSSI will indicate this in the Order Confirmation and, in any case, during the purchase process, before the User proceeds to place the Order.

11.13 If GIANVITO ROSSI decides not to accept the return, after the checks made, it will send a communication to the Purchaser, informing him of the reasons why the return cannot be accepted.

11.14 The Purchaser is liable to GIANVITO ROSSI for any decrease in the value of the Products resulting from any handling/use of the Products other than that necessary to establish the nature, characteristics and functioning of the Products.

11.15 As a result of User the exercising her/his right of withdraw, GIANVITO ROSSI will refund the total amount due to the Purchaser, including the delivery costs (except for the costs resulting from the User’s choice of express delivery, which differs from the standard delivery offered by GIANVITO ROSSI), without delay and in any case no later than fourteen days from the date of receipt of the returned Product and verification of its integrity. The provisions of clause 9.3 shall apply, without prejudice to the longer periods requested by the cardholder for the crediting of the amount to the Purchaser.

11.16 In the event of partial cancellation of multiple Orders, the User shall not be reimbursed the delivery costs, since the delivery costs incurred by the User (which are calculated as a fixed amount, regardless of the number of Products ordered) are also attributable to the delivery of Products not returned.  

11.17 In the event that the withdrawal is not exercised in accordance with the applicable law, it shall not result in the termination of the Contract and, consequently, shall not entitle the User to any refund.

 

12. Warranty and Service Arrangements

12.1 All Products sold on the Site are covered by the legal guarantee of conformity provided for by articles 128 et seq. of the Consumer Code ("Legal Guarantee of Conformity").

12.2 GIANVITO ROSSI shall deliver to the Purchaser Products in conformity with the Contract. A conformity defect occurs when the purchased Product does not meet the subjective and objective requirements provided for by article 129 of the Consumer Code and, therefore, if:

1. does not correspond to the contractual description, type, quantity and quality and does not possess the characteristics stipulated in the sales contract;
2. is not suitable for the particular use intended by the Consumer and which has been brought to the knowledge of the Seller by the Consumer at the time of the conclusion of the Contract and which the Seller has accepted;
3. is not supplied with all accessories;
4. is not suitable for the use to which goods of the same type are normally put;
5. does not conform to the description made by the Seller and does not possess the qualities of the good that the Seller has presented to the Consumer as a sample or model;
6. is not of the quantity, or does not have the qualities and other characteristics ordinarily found in goods of the same kind that the consumer may reasonably expect, having regard to the nature of the goods, the statements made by or on behalf of the Seller, including those in advertising or on the label, etc.

12.3 GIANVITO ROSSI shall be liable to the Purchaser for any lack of conformity existing at the time of delivery of the Product and manifesting itself within two years from such delivery. Such defects must be notified immediately to Customer Care in the manner indicated in art. 14 below.

12.4 Unless proven otherwise, defects of conformity that become apparent within one year after delivery of the Product shall be presumed to have already existed on that date, unless this assumption is incompatible with the nature of the Product or the nature of the defect of conformity.

12.5 In the event of a conformity defect duly reported within the terms and confirmed by GIANVITO ROSSI, the Purchaser is entitled to have the Product repaired or replaced free of charge unless the remedy requested is impossible or imposes disproportionate costs on the Seller.

12.6 If the repair or replacement has not been carried out, where possible, at no cost to the Purchaser or within a reasonable time, and the repair or replacement previously carried out has caused the Purchaser considerable inconvenience, the Purchaser may, at its option, claim a proportionate reduction in the price or rescission of the Contract.

12.7 In the event that, during the period of validity of the Legal Guarantee of Conformity, a Product purchased on the Site has a defect of conformity, the Purchaser may contact Customer Care by following the procedure indicated in the "Customer Care" section of the Site. Customer Care will deal with the case.

12.8 In order to benefit from the guarantee, the Purchaser must keep the invoice and/or proof of payment.

12.9 Any modification or alteration of the Product carried out by the Purchaser or a third party - such as the addition of protective soles, heels different from the original ones, modification/replacement of the buckle - will also result in the loss of the Legal Guarantee of Conformity as defined in article 12.1 above.

 

13. Applicable Law and Jurisdiction

13.1 Without prejudice to the application of the mandatory rules of European derivation for the protection of the Purchaser, the Contract of sale governed by these GTCS and concluded between the Parties shall be governed by Italian law.

13.2 This is without prejudice to the application to Purchasers who do not have their habitual residence in Italy of any more favourable and mandatory provisions of the law of the country in which they have their habitual residence.

13.3 For all disputes relating to the Contracts and/or these GTCS, the competent court shall be that of the domicile or residence of the Purchaser according to the applicable law or, at the Purchaser's option, the Court of Milan.

 

13.4 In the event of disputes between GIANVITO ROSSI and a Purchaser arising from the GTCS, please note that the European Commission provides a platform for out-of-court alternative dispute resolution, accessible at http://ec.europa.eu/odr.

 

14. Customer Service and Complaints

14.1 You can ask for information, send communications, request assistance or make complaints by contacting GIANVITO ROSSI's Customer Service by sending an e-mail to: customercare@gianvitorossi.com or by calling the telephone number +39 05 41 93 56 00.

 

15. Processing of personal data

15.1 The methods and details with which GIANVITO ROSSI, as data controller, processes the Purchaser's personal data can always be consulted in the privacy policy published on the Site.