Terms & Conditions
These General terms and conditions of sale (“GTS”) govern the offer and sale of products through the website www.gianvitorossi.com ("Website").
The products merchandised on the Website ("Products") are offered and sold by Gianvito Rossi Japan Co., Inc., having registered office in Hiro Bldg.6F, 2-24-10, Minamiaoyama, Minato, Tokyo, Japan 107-0062, Japan, registration number 0110-01-115016 (“Gianvito Rossi”).
Gianvito Rossi is the owner of the Website as well as of the “Gianvito Rossi” trademark (“Trademark”).
As used in these GTS, the following terms shall have the meanings specified below:
“Buyer and/or User” means the end consumer authorized to operate on the Website in order to purchase the Products (as defined below) according to the procedures specified in these GTS.
“Italian Consumer Code” means the Italian government decree no. 206/2005.
“Order Confirmation” means the email with which Gianvito Rossi accepts the electronic Order sent by the Buyer through the Website and informs the Buyer that the order can be carried out.
“Consumer” means the natural person that purchases the Products for purposes not connected with any entrepreneurial, commercial, professional or artisanal activity that he/she may carry out.
“Contract” means the distance contract entered into between Gianvito Rossi and the Buyer as end Consumer through the Seller’s Website and subject to these GTS.
“Order” means the electronic purchase request sent by the Buyer to Gianvito Rossi through the Website, which specifies selected Products, Description, item code, quantity, size, colour, “Gender” and “Made in” data, customs code, if applicable, “Currency”, unit price for each item, and Total.
“Parties” means the Seller and the Buyer jointly.
“Products” means the goods (including, without limitation, men’s/women’s footwear and small accessories) bearing the Gianvito Rossi trademark and listed in the electronic catalogue published on the Website upon placement of an Order by the Buyer.
“Seller” means Gianvito Rossi, which manages the Website and sells the Products to the Buyers directly.
“Reseller” means anyone that resells the goods purchased from others.
1. Scope and purpose of the Contract
1.1 These GTS, which are made available to the Buyer for reproduction and retention purposes pursuant to art. 12 of the Italian government decree no. 70/2003, concern the distance offer and sale of Products made by electronic means through the Website.
The offer and sale of Products on the Website constitute a distance contract regulated by Chapter I, Title III (art. 45 et seq.) of the Italian Consumer Code and by the Italian government decree no. 70/2003 which governs electronic commerce.
1.2 These GTS shall apply to all sales made by Gianvito Rossi through the Website, while they shall not apply to any sales made by other subjects that may be present on the Website through links, banners or other hyperlinks. Gianvito Rossi does not carry out any control on the Websites accessible through such links and hyperlinks and thus it shall not be responsible for any sale of products made by such subjects.
1.3 Gianvito Rossi reserves the right to modify these GTS at any time. However, the GTS applicable to an Order shall always be the ones accepted by the Buyer upon placement of an Order. Any changes and/or any new terms and conditions shall become effective as soon as they are posted on the Website.
1.4 These GTS shall apply to the Sales made in Italy and in all other countries where purchases can be made through the Website.
2. Purchases on the Website
2.1 Only individuals (i) who are at least 18 years old or of any other minimum age required by applicable law and (ii) who are Consumers and not resellers are permitted to purchase Products on the Website.
2.2 Anyone who could not be found upon two attempts of delivery that has not collected their parcel at the premises of the courier in charge of delivery shall not be permitted to make any purchases on the Website.
3. Ordering procedure
3.1 Products can be purchased on the Website after registering with the Website or as “Guest”.
3.2 The registration with the Website is free of charge. To register, click “Create Account” and fill in the registration form.
The User shall guarantee that the data supplied to Gianvito Rossi when registering with the Website and/or in any other moment of the contractual relation are valid, complete and true.
The registration credentials shall be kept with utmost care and attention, shall be used by the User only and shall not be transferred to any third party. The User undertakes to keep them secret and to ensure that they cannot be accessed by any third party as well as to immediately inform Gianvito Rossi if he/she suspects or becomes aware of any illegal use or disclosure of such credentials.
3.3 Registered Users can access the Website by entering their user name and password in the login page.
3.4 Once authenticated, to make a purchase, the User shall follow the following procedure: Select the Products to be purchased by clicking the corresponding icons displayed on the “Product” page. Such page can be accessed from the following Website sections:
- “Product Listing Page”
- “Search Result Page”
- “Recommendation carousel”
- “Recently Viewed carousel”
- “Wish list” (if the User has added any Products by clicking the “Wish List” icon)
After having selected the Products, choose the size and colour. The selected Products can be changed by clicking the preview.
Then click “Add to cart”.
Now the User can:
- purchase other products by closing the “Mini cart” by clicking the “X” or any point outside the “Mini cart”. The User can return to the Cart at any time by clicking the relevant icon in the top right of the screen;
- check the content of the Cart (i.e. list of selected Products, quantity, and subtotal) by clicking “View cart”;
- proceed with Checkout to complete the order process by clicking “Secure Checkout”.
Select the shipping method by entering a new shipping address or selecting a previously saved shipping address. The Website shows the various shipping options together with the relevant costs and estimated delivery time.
Click the “Proceed to payment” icon.
Select the preferred payment method among the ones shown on the Website.
Click “Review Order”.
At this stage, the User can modify all the order parameters that he/she has entered (shipping address, billing address, payment method, and content of the cart).
Click “Place Order”.
The User shall check that he/she has received an email with the Order Confirmation.
Upon shipment, Gianvito Rossi shall issue and send to the User a summary document about the transaction by email to the User’s registered email address or, for non registered Users, to the email address specified when making the purchase.
At Buyer’s request, Gianvito Rossi shall issue a commercial invoice. The Buyer may request such invoice by using the “Contact us” form available at the bottom of the Website homepage by selecting “invoicing” from the dropdown menu.
3.5 The User can also make a purchase as “Guest”, without registering with the Website, by following the procedure below.
Access the “Storefront” page and select the Products to be purchased by following the same steps set out in the above art. 3.4 but without logging in. When proceeding with Checkout to complete the order process, click “Secure Checkout”, then select the “Checkout as a guest” icon and fill in the email field.
4. Execution of the Contract
4.1 The Contract entered into through the Website shall be deemed executed when Gianvito Rossi sends to the Buyer the formal Order Confirmation by email. Indeed, the receipt of an Order shall not imply its acceptance by Gianvito Rossi.
4.2 It is to note that, upon receipt of an Order placed by the Buyer, the system may automatically send an order receipt acknowledgement email summarising the order received, which however shall not be deemed as a formal acceptance of the order.
4.3 The Buyer expressly agrees that the Seller shall be entitled to accept the Order just partially (for example when some ordered products are not available). In that case, the Contract shall be deemed executed only for the products actually sold.
4.4 The Contract shall be deemed executed in the place where the Seller has its registered office.
4.5 Pursuant to the Italian government decree no. 70/2003, Gianvito Rossi informs the Buyer that the form containing the Order shall be stored in the Gianvito Rossi’s database for as long as necessary to carry out the order and, in any case, according to the time limits laid down by law.
To access their Order form, registered Users can consult the Website section “Account overview – Order History”.
4.6 For the execution of the Contract, the languages available to Users shall be Italian, French, German, English, and Russian.
5. Non-acceptance and cancellation of Orders
5.1 The Website is only aimed at the sale of Products by Gianvito Rossi to End consumers. Therefore, it is not allowed to purchase Products for resale purposes.
5.2 The execution of the Orders is also subject to the availability of the Products.
5.3 Therefore, Gianvito Rossi reserves the right to not accept or to cancel any Orders by informing the Buyer thereof in writing:
- if Orders are deemed anomalous considering the quantity of products being ordered or the frequency of the purchases;
- if Orders have been placed by someone involved in any kind of fraud or that has provided false or incomplete identification data;
- if billing information is not correct or cannot be checked;
- due to force majeure;
- if Products are not available.
5.4 The availability of the Products is continuously checked and updated by Gianvito Rossi. However, Gianvito Rossi shall not guarantee the availability of the Product selected by the User as it may happen that several Users purchase the same Product at the same time. In that case, for a short period of time the Product may seem available, while it is actually out of stock or not immediately available since it must be restocked.
5.5 If the Product is unavailable due to the above-mentioned reasons or for any other reasons, Gianvito Rossi shall immediately inform the Buyer of the order cancellation by email.
If the Product is going to be restocked, Gianvito Rossi may propose the Buyer a postponement of delivery terms, without prejudice to the Buyer’s right to not accept such change.
5.6 In any case of non-acceptance and/or cancellation of an order, if the Total (as defined below under art. 7.3 of these GTS) has already been paid, Gianvito Rossi shall refund it within 15 calendar days from the date of the email informing the User of the Order cancellation, without prejudice to any other terms requested by the provider of the card used for payment. The refund shall be made using the same means of payment used by the User for the purchase. In the event of payment by bank transfer, the refund shall be made by bank transfer and for that purpose Gianvito Rossi shall ask the User the necessary bank details.
5.7 The Buyer shall be entitled to cancel the Order by sending an email to the Seller’s email address within 1 hour from the placement of the Order (“Cancellation term”). Following the cancellation of the Order within the Cancellation term, the amount pre-authorized by the Buyer for the relevant payment shall be released and Gianvito Rossi shall not charge it.
6. Information on the Products
The main characteristics of each Product are summarised in the Order Confirmation. The images and descriptions available on the Website reproduce as close as possible the characteristics of the Products. However, the colours of the Products may differ from the real ones due to the settings of the computer systems or computers being used by the Users to view them. Moreover, the images of the Products available in the Product Details may differ as to size or any accessories. Therefore, such images shall be deemed as merely indicative and within the normal tolerance range. For the purposes of the Contract, the Product description contained in the Order Confirmation form sent by Gianvito Rossi shall apply.
7.1 Prices are expressed in Euro, but may be also expressed in the various currencies of the Countries where Gianvito Rossi sells the Products through the Website.
7.2 The prices published on the Website may not be the final prices and therefore they shall be always deemed as merely indicative and subject to the Seller's express confirmation by email.
7.3 The final sale prices are inclusive of VAT (the Website shows both the price net of VAT and the price inclusive of VAT which shall be deemed as the final price) and net of delivery charges. In any case, the total cost due by the Buyer, which includes price of the Products, delivery charges and any additional cost (“Total”), is shown to the Buyer in the Order generated during the purchasing process when the User clicks the “Review Order” icon.
7.4 Gianvito Rossi reserves the right to change the price of the Products at any time without notice, it being understood that, if an Order is confirmed, the price charged to the Buyer shall be the one shown on the Website upon placement of the Order, without taking into account any subsequent changes (i.e. any price increases or decreases).
8.1 The Products shall remain the property of Gianvito Rossi until payment of the Total due by the User. If the Total due is not paid or if the payment is not successful, the Order shall be cancelled or, if the Order Confirmation has already been sent to the Buyer, the Contract shall be deemed terminated by law pursuant to art. 1456 of the Italian Civil Code, and Gianvito Rossi shall inform the Buyer thereof by email.
9. Delivery of the Products
9.1 Gianvito Rossi shall deliver to the Buyer at the Buyer’s delivery address the Products ordered according to the procedures specified in the above articles by means of trustworthy couriers and/or forwarding agents. The Products shall be delivered within the times stated in the Order Confirmation and specified in the Website section on delivery terms. Delivery times are calculated considering only the working days, thus excluding Saturdays, Sundays and bank holidays.
9.2 When included in the delivery options available on the Website, the User may choose the delivery of the Products at a boutique by clicking “Store pickup”.
9.3 The Seller shall not be liable for any delayed delivery or non-delivery due to the impossibility of finding the Buyer, force majeure or any fortuitous event.
9.4 Upon receipt, the Buyer shall verify the conformity of the Product received against the Order placed.
The Buyer shall sign the delivery documents only after such check, without prejudice to the right of withdrawal under art. 10 of these GTS.
9.5 The Products purchased on the Website may be delivered to all countries from which it is possible to place an Order on the Website, regardless of the User’s nationality, place of residence or place of establishment.
Regardless of his/her nationality, place of residence or place of establishment, the User shall thus enter in the order form a shipping address located within the above-mentioned countries.
9.6 Upon delivery of the Products to the forwarding agent, the Buyer shall be sent a shipping confirmation email containing a link and/or a code to track the shipment.
10. Right of withdrawal – Product replacement – Returns and Refunds
10.1 The Buyer shall be entitled to withdraw from the Contract without stating any reason within 14 days (“Withdrawal term”) from the date of delivery of the Product to the Buyer or to any third party specified by the Buyer other than the courier, or, in the event of a multiple Order with several deliveries, within 14 days from the last delivery.
10.2 To exercise the right of withdrawal, the Buyer shall send to Gianvito Rossi by email to the email address email@example.com an unequivocal statement setting out his/her decision to exercise his/her right of withdrawal.
10.3 The information on how to exercise the right of withdrawal shall be summarised by Gianvito Rossi to the Buyer both in the Order Confirmation and on the Product packaging.
10.4 Following the exercise of the right of withdrawal, the Buyer shall return the Products to Gianvito Rossi without undue delay and in any event within no later than 14 calendar days from the date on which the Buyer has notified his/her decision to withdraw from the Contract. The Product shall be deemed to have been returned upon delivery, within the above term, to the courier specified by Gianvito Rossi (“Return term”).
10.5 To make a return following the exercise of the right of withdrawal, the Buyer shall follow the procedure described below, which is also set out by Gianvito Rossi in the information made available to the User on the Website, in the Order Confirmation as well as on the Product packaging (“Withdrawal instructions”).
10.6 The Product may be returned at a boutique, if such option is available on the Website, or by shipping it to Gianvito Rossi to the address Gianvito Rossi S.r.l., OnLine Warehouse, Via San Crispino 2, 47030 San Mauro Pascoli (FC), Italy, or by asking for assistance to Gianvito Rossi’s Customer Care, which can be contacted by email at the email address firstname.lastname@example.org or through the Website by clicking the link “Contact us” in the section “Customer Care”.
10.7 Except for the return at a boutique, the Buyer shall be required to contact the Customer Care whenever the Products to be returned shall go through the customs. In that case, the Buyer shall provide to the Customer Care all the information required to create the customs documents necessary for shipment, which will be downloaded and provided to the Buyer by the Customer Care.
10.8 If the User opts for the return at a boutique when such option is available on the Website, the User shall return the Products at the boutique authorized to receive any returns among the boutiques listed on the Website. Such authorized boutique shall give to the Buyer a document attesting the collection of the returned Products and shall send the returned Products to Gianvito Rossi’s online warehouse at Gianvito Rossi’s expense. Upon receipt of the returned Products at the online warehouse, Gianvito Rossi shall check the integrity of the Products and verify that the requirements for the exercise of the right of withdrawal by the Buyer are met.
10.9 The Products shall be returned to Gianvito Rossi intact, complete and in the same conditions in which they were received, together with all relevant accessories and information leaflets as well as with the identification tags and labels, if any, still attached to the Products and not tampered with. The items to be returned should not have been used by the Buyer in any way except to the extent required to decide whether to keep them or not (for example, shoes can be measured but not worn).
10.10 The Buyer shall be liable to Gianvito Rossi for any decline in value of the Products resulting from any manipulation/use of the Products other than the one required to establish the nature, characteristics and functioning of the Products.
10.11 As a result of the withdrawal, Gianvito Rossi shall refund to the Buyer the Total, including delivery charges (except for any additional costs resulting from the Buyer's choice of a type of delivery (e.g. express delivery) different from the cheaper standard type of delivery offered by Gianvito Rossi), without undue delay and in any event within no later than 14 days from the date on which Gianvito Rossi has received the notice of withdrawal, subject in any case to the prior receipt and check of the integrity of the returned Products, except in case of any longer terms required by the payment card provider to credit the relevant amount to the Buyer.
In the event of partial withdrawal from multiple Orders, delivery charges shall not be refunded since the delivery charges borne by the User (which are calculated as a fixed amount, regardless of the number of ordered Products) refer also to the delivery of other Products.
10.12 The right of withdrawal shall not apply to Products that have been personalized or made to order at Buyer’s request.
10.13 If any of the cases of exclusion of the right of withdrawal provided for by law does exist, Gianvito Rossi shall inform the Buyer thereof in the Order Confirmation and, in any case, during the purchasing process before the User places the Order.
10.14 If the right of withdrawal has not been exercised in compliance with applicable law, no termination of the contract shall occur and thus no refund shall be due.
11.Warranty and customer care
11.1 All products sold on the Website shall be covered by the legal guarantee of conformity pursuant to art. 128 to 135 of the Italian government decree no. 206/2005 (“Italian Consumer Code”) ("Legal guarantee of conformity").
11.2 Gianvito Rossi shall deliver to the Buyer Products complying with the Contract. A non-conformity does exist when the purchased Product:
- is not suitable for the use for which products of the same type are usually used;
- does not comply with the Seller’s description and does not have the characteristics of the product that the Seller has shown to the Consumer as sample or model;
- does not have the standard characteristics and performance of a product of the same kind which the Consumer may reasonably expect considering also the statements made in any advertising or label;
- is not suitable for the specific use desired by the Consumer, which was communicated by the Consumer to the Seller when entering into the Contract and which was accepted by the Seller.
11.3 Gianvito Rossi shall be liable to the Buyer for any non-conformity that does exist upon delivery of the Product and that emerges within two years from delivery. Any non-conformity shall be notified to the Seller within two months from the day on which it was found out, otherwise the warranty shall not be valid.
11.4 Unless proven otherwise, it is assumed that any non-conformity that emerges within six months from the date of delivery of the Product already existed on that date, unless such assumption is not compatible with the nature of the product or with the nature of the non-conformity.
11.5 If any non-conformity is duly notified within the prescribed term, the Buyer shall be entitled, at his/her own discretion, to have the Product repaired or replaced free of charge, unless the requested remedy is objectively impossible or excessively burdensome compared to the other one.
If the repair or the replacement is impossible or excessively burdensome or if the repair or the replacement has not been carried out within reasonable terms or if the repair or the replacement previously carried out has caused considerable inconvenience to the Buyer, the Buyer shall be entitled, at his/her own discretion, to ask for a price reduction or the termination of the Contract.
11.6 If, during the period of validity of the Legal guarantee of conformity, a Product purchased on the Website shows a non-conformity, the Buyer may contact the Customer Care by following the procedure described under “Contact us” in the Website section “Customer Care”. The case shall be then dealt with by the Customer Care.
12. Applicable law and Jurisdiction
12.1 The sale Contract entered into by the Parties and regulated by these GTS shall be governed by Italian law.
However, any Buyers that do not have their habitual residence in Italy may be subject to more favourable mandatory regulations provided for by the law of the country in which they have their habitual residence.
Any conflicting law as well as the UN Convention on Contracts for the International Sale of Goods shall not apply.
12.2 Any dispute that may arise shall be submitted to the jurisdiction of the Courts of the municipality of residence of the Consumer.
13. Customer Care and Complaints
Users can ask for information, send communications, ask for assistance or lodge a complaint by sending an email to Gianvito Rossi’s Customer Care to the email address email@example.com