TERMS AND CONDITIONS

The products used on www.giadabenincasa.com are sold directly by GIADA BENINCASA Srl, a company incorporated under Italian law, with registered office [email protected]

The offer and sale of the products on www.giadabenincasa.com are governed by the following General Conditions of Sale. The General Conditions of Sale can be periodically updated; those published on www.giadabenincasa.com at the time of check out are considered effective and binding.

 

Please read the terms and conditions of sale carefully before purchasing.

 

These conditions govern purchases made on the website www.giadabenincasa.com , in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree n. 206/2005, amended by Legislative Decree. n. 21/2014 and by Legislative Decree 70/2003 on electronic commerce.

 

The access and use of this site presuppose the reading, knowledge and acceptance of these General Conditions of sale.

 

The sale and / or distribution of products purchased on www.giadabenincasa.com is strictly prohibited and will be prosecuted in accordance with the law.

 

OBJECT OF THE CONTRACT

With these general conditions of sale, GIADABENINCASA Srl sells and remotely purchases the tangible movable property indicated and offered for sale on the website www.giadabenincasa.com . The contract is concluded exclusively through the Internet, by accessing the customer at www.giadabenincasa.com and the creation of a purchase order according to the procedure provided by the site itself.

 

The customer undertakes to read these general conditions of sale, in particular the pre-contractual information provided by GIADABENINCASA Srl, before proceeding with the confirmation of his order.

 

In the order confirmation e-mail, the Customer will also receive the link to download and archive a copy of these general conditions of sale, as required by art. 51 paragraph 1 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014.

 

PURCHASES ON THE SITE

The purchase of the Products on the site is allowed only to subjects who hold the quality of consumers, meaning natural persons who, in relation to the purchase of the Products, act for purposes unrelated to entrepreneurial, commercial, professional or craft activity possibly carried out.

 

The user is allowed to purchase multiple products with the same order (multiple order). Finally, GIADABENINCASA Srl reserves the right to refuse or cancel orders that come from:

 

I. a user with whom it has an ongoing legal dispute;

 

II. a user who has previously violated the conditions and / or terms of the purchase agreement

 

III. a user who has been involved in fraud of any kind and, in particular, in fraud relating to credit card payments;

 

IV. users who have released false, incomplete or otherwise inaccurate identification data GIADABENINCASA Srl reserves the right in any case to evaluate the acceptance of orders received. GIADABENINCASA Srl will communicate to the customer via e-mail any impossibility to accept the orders received.

 

a) Method of purchase

 

The purchase of products on the site can take place:

 

▪ upon free registration on the website www.giadabenincasa.com

 

To register on the site, the user must fill out the appropriate form by entering, name, surname, delivery address, e-mail address and a password of his choice, which will allow him access to www.giadabenincasa.com . Registration on the site will be confirmed to the user via a specific e-mail. Please remember to carefully read the Privacy Policy and the General Conditions of Sale. Registering on the site allows the user to: access information relating to orders and returns, follow the status of the order. The user guarantees that the personal information provided during the registration procedure on the Site and / or at any other time in his relationship with GIADABENINCASA Srl is complete and true and undertakes to keep GIADABENINCASA Srl harmless and indemnified from any damage, possibly also suffered by third parties, compensation obligation and / or sanction deriving from and / or in any way connected to the violation by the user of the rules on registration to the site or on the conservation of registration credentials. Registering on the site and / or purchasing through the site constitutes acceptance of these General Conditions of Sale.

 

▪ as a guest, as an alternative to registering on the site

 

In this case, the data requested in order to complete the order will be stored in the website database only for the period of time necessary to process the order and the user will be asked to enter the same data at each new order. In order to complete the purchase, the user, in the "cart" section, must also enter the shipping address and the data required for payment. The products chosen and the data entered may be modified until the final order is placed.

 

b) Order

 

To proceed with the purchase of the products, the user must send their purchase order and make the payment, following the procedures indicated in the specifically dedicated sections. For each product chosen, a descriptive card is displayed, with the image and the essential characteristics in order to illustrate the goods themselves: the color, the size, the unit price.

 

The user can select one or more products that they intend to purchase by placing them in a virtual "cart". The contents of the "cart" can always be viewed by the user before proceeding with the order. In addition, by accessing the "cart", the user will be able to know, before purchasing and paying, any information relating to the purchase of the products, including shipping costs and expected delivery times.

 

GIADA BENINCASA Srl undertakes to describe and present the items sold on the site in the best possible way. Nevertheless, the images and colors of the products offered for sale on www.giadabenincasai.com  may not correspond to the actual ones due to the Internet browser and / or monitor used: GIADAEBENINCASA Srl declines all responsibility for any and all inaccuracies due to a particular configuration of the computer or its malfunction.

 

The photographs of the products presented on do not constitute a contractual element, as they are to be considered only representative.

 

For more information about the products, please contact Customer Service at the e-mail address: [email protected]

 

AVAILABILITY OF PRODUCTS

The products offered for sale and the relative price are those indicated on www.giadabenincasa.com . The availability of the products must however be considered purely indicative as:

 

the products could be sold to other users before confirming the order, due to the simultaneous presence on the site of multiple users;

 

an IT anomaly could occur such as to make a product available for purchase that in reality is not.

 

If, at the time of the order, the products are not available, the corresponding size is not displayed. As for the products that are out of stock // sold out, they will remain on the site for only two weeks.

 

If, due to the simultaneous purchase by several Customers, the ordered product (s) is / are no longer available, the Customer will be immediately informed by e-mail of the cancellation of the order.

 

The Customer will also be informed of the methods and timing of reimbursement of any sums paid. This also in the case of a multiple order if all the products subject to the multiple order are unavailable or only some of them, and in this case the refund will only concern the unavailable products. GIADABENINCASA Srl may change the products offered for sale on www.giadabenincasa.com and the relative price at any time and without notice.

 

PRICES

The price of each item is expressed in Euros: taxes included (VAT), shipping costs excluded for the countries of the European Union; Taxes excluded (NO VAT), shipping costs excluded for countries outside the European Union. Any customs duties are not included in the purchase price.

 

GIADABENINCASA Srl reserves the right to change the price of the products, at any time, without notice, it being understood that the price charged to the user will be the one indicated on the site at the time the order is placed and that any variations (increase or decrease) subsequent to the transmission of the same.

 

In the event of an IT, manual, technical, or any other type of error that could result in a substantial change, not foreseen by GIADABENINCASA Srl or otherwise visible on the website www.giadabenincasa.com, of the retail price that makes it exorbitant or clearly derisory, the purchase order will be considered invalid and canceled and the amount paid by the Customer will be refunded.

 


TERMS OF PAYMENT 

Payment for products purchased on the site can be made: by CREDIT CARD: at the time of purchase, customers enter their credit card details in a secure electronic banking system provided by Stripe. Please visit www.stripe.com for more information. Purchases can be made via Visa, Mastercard, American Express All transactions are processed through a secure server, guaranteeing users of www.giadabenincasa.com maximum data protection. The Customer Service operators of the www.giadabenincasa.com site are in no way authorized to request or accept credit card numbers and / or details of validity thereof. In order to guarantee greater protection on purchases made in the e-commerce sector, it recommends its customers to join the Verified By Visa or Mastercard Securecode services, requesting activation of the 3D secure service from their bank. If the existing funds are sufficient for the purchase and the bank details provided are valid, the transaction will be processed instantly. The credit card used will be charged at the time of purchase. In the event that the successful payment is not confirmed, the contract will be considered terminated by law pursuant to and for the purposes of art. 1456 of the Italian Civil Code The termination of the contract, of which the user will be notified by e-mail, will result in the cancellation of the order. by BANK TRANSFER: During the payment phase, in "payment method", choose the "bank transfer" option and complete the order. The bank details and the order number will be sent via the automatic confirmation e-mail. Please transfer the total amount immediately after placing the order to the bank details indicated in the order confirmation. Any bank and bank transfer charges will be charged to the customer. The order will be shipped immediately after receiving the credit on our bank account. The amount of returns will be refunded with payment to the bank account with which the payment of the order was made.

 

After 5 working days without receiving any payment, the contract will be considered terminated by law pursuant to and for the purposes of art. 1456 of the Italian Civil Code The termination of the contract, of which the user will be notified by e-mail, will result in the cancellation of the order and the refund of the amount due in the event of any credit subsequent to said term.

 

The product (s) will be shipped when the transfer is actually credited to the bank account and as soon as the goods are available in our warehouse.

 

This payment method is active for all EC countries, so please check its availability in the cart at the time of purchase.

 

SHIPPING METHODS

GIADABENINCASA Srl will ship the products only after verifying the actual crediting of the payment due by the user. The risk of loss or damage to the products for reasons not attributable to GIADABENINCASA Srl will be transferred to the user when the latter, or a third party designated by him and different from the carrier, materially comes into possession of the products.

 

Information on shipping methods and costs are indicated at the time of purchase, before payment is made. Shipping costs are charged to the customer and are charged to the credit / debit card at the time of purchase.

 

All purchases with an address in Italy are delivered by DHL courier. No shipments are made to post office boxes.

 

SHIPPING TIMES:

 

Delivery times vary from destination to destination and are subject to the courier's procedures:

 

ITALY: 2-3 working days

 

EUROPE: 2-3 working days

 

REST OF THE WORLD: 2-4 working days

 

After shipment, it is not possible to change the destination address.

 

Delivery is usually made from Monday to Friday from 8 to 17

 

All shipments are traceable through the courier portal using the vehicle number linked to the order.

 

Upon delivery of the goods, the customer is requested to inspect the package for any signs of tampering. The customer can accept the shipment with reservations or refuse it, simultaneously opening a complaint in the manner requested by the courier and promptly reporting the incident to GIADABENINCASA Srl.

 

Customs and security checks are clearly distinguishable for the application of additional specific seals depending on the entity that carried out the check.

 

When placing an order, customers establish a commercial relationship with GIADABENINCASA Srl, and failure to deliver due to carelessness in compiling their data (destination address or recipient's telephone number) or for refusal to withdraw without a reasoned cause will imply a refund which is to be understood as charged to the customer, these expenses will be deducted from the refund due.

 

SHIPPING COST

Italy: shipping is free; 

 

European countries: shipping cost is free €

 

These amounts are valid for the following countries: the member countries of the European Union, such as Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta , Netherlands, Poland, Portugal, United Kingdom, Czech Republic, Romania, Slovakia, Slovenia, Spain, Sweden, Hungary.

 

America: shipping costs is free €. 

 

South Korea, Hong Kong: shipping costs is free €. 

 

Japan: shipping costs is free€. 

 

Rest of the World: shipping costs is free €.

 

 All customs fees are charged to the customer.

 

The shipper requires the recipient's signature "for receipt" upon delivery. Orders placed from Friday to Sunday will be processed the following Monday.

 

Once the items have been shipped, it is no longer possible to change the destination address.

 

RECEIPT OF GOODS

The delivery obligation is fulfilled by transferring the material availability or in any case the control of the products to the user. To ensure the safety of the shipment, the shipper asks for the recipient's signature on receipt at the time of delivery; if this is not possible, the goods are not delivered.

 

The user acknowledges that the withdrawal of the product is his specific obligation deriving from the purchase contract. It is up to the user to check the condition of the product that has been delivered to him. It being understood that the risk of loss or damage to the products, for reasons not attributable to GIADABENINCASA Srl, is transferred to the user when the user, or a third party designated by the same and different from the carrier, materially comes into possession of the products, if, at the time of delivery, the external appearance of the package has imperfections, the customer must open the package in the presence of the carrier. We recommend checking the goods upon delivery and verifying that the quantity of the products delivered corresponds to what was ordered, that the packaging is intact, not damaged, or in any case altered. Any anomalies must be noted in writing on the courier's delivery note.

 

Any problems in delivery must be promptly reported to our Customer Service by sending written notice to the following address: [email protected] .

 

RETURNS AND EXCHANGES

If, after the purchase of a product and its receipt by the user, the latter, for any reason, is not satisfied with his purchase, the unworn items can be returned for size / color change or refund within 28 days from the date of receipt of the goods. The exchange and / or return of the product will be possible under the conditions indicated below and provided that:

 

1. The items have not been worn, washed or altered and show no signs of use;

 

2. The soles of the shoes are in perfect condition and show no signs of any kind.

 

3. All footwear and accessories must be returned with the security seal intact together with their original box which is considered to all intents and purposes an integral part of the product itself and which must not have been in any way damaged and / or altered or used. as the only outer packaging.

 

Each garment must be returned with all labels and tags attached, and including all original packaging and accessories (dustbags, hangers, clothes covers, etc.) received with the order.

 

Returns must be shipped inside the GIADABENINCASA Srl box, which must be well sealed with adhesive tape. In the absence of our box, another suitable packaging can be used to ship the items.

 

PROCEDURE AND INSTRUCTIONS FOR RETURNS

The return operation will cost as specified in the following table, based on the country of the customer:

 

ITALY FOR FREE

EUROPE FOR FREE

UK FOR FREE

USA - CANADA € 10

CHINA € 10

HONG KONG, MACAU € 10

JAPAN € 10

KOREA € 10

REST OF THE WORLD € 10

Returns made after the deadline indicated will be accepted exclusively at the discretion of GIADABENINNCASA Srl. The refund, excluding shipping costs, is credited to the same credit and debit card used for the purchase or to the current account used for the bank transfer.

 

To request a return authorization, it is necessary to send the order data (date, type of purchase, name of the buyer) and the e-mail address linked to the account to the customer service ([email protected]). The user will receive a confirmation by e-mail, containing the Return Authorization Number (R.A.N.), the shipping label and the instructions to be followed to return the goods. It is recommended to wait for the return authorization sent by email from GIADABENINCASA Srl; this communication must be compulsorily inserted inside the package. The return is accepted only if the procedure indicated in this paragraph is followed; Unauthorized returns are not accepted: therefore, if the customer sends the return package anyway, he will not receive any refund. The return of the product is not free if the products are returned from a country other than the one originally indicated as the destination address. The refund will be made as soon as the return arrives at the warehouses of GIADABENINCASA Srl. And the items will be intact. For orders paid by credit card, the refunded amount will be available to customers in about 10 days, and will still be visible on the next card statement. The timing may vary slightly depending on the banking circuit of the credit card used. For orders paid by bank transfer, the amount will be returned to the original account. The refund will be issued in the same currency as the original purchase. Any differences in amount due to exchange rate fluctuations cannot be refunded. In the case of free Express shipping, the refund amount will correspond to that of the returned products. If, on the other hand, Express shipping was chosen by the customer at the time of purchase, this amount will not be included in the refund

 

The exchange operation can only be carried out for a different size or a different color of the same item, if available. Exchanges requested after the deadline indicated above will be accepted exclusively at the discretion of GIADABENINCASA Srl.

 

For the return of the product for the purpose of exchange, please refer to the procedure indicated above for the "Return".

 

It is therefore recommended to select the "Exchange" procedure and wait for the exchange authorization issued by GIADABENINCASA Srl: unauthorized exchanges are not accepted.

 

The user is invited to indicate the new size / measure, respecting the conditions set out in the return procedure, described in the appropriate section above. If you wish to exchange the product for another item, we recommend that you request a refund and make a new purchase separately.

 

In the event of an exchange, the return of the product involves the payment of the return costs (In the event of an error by GIADABENINCASA Srl, the shipment will have no additional costs)

 

The replacement product will be sent to the Customer by courier.

 

RIGHT OF WITHDRAWAL

The user who is a consumer has the right to withdraw from the purchase without any penalty and without specifying the reason, within 14 days from the date of receipt of the products. In the case of multiple purchases made by the Customer with a single order and delivered separately, the term of 14 days. starts from the date of receipt of the last product. The Customer who intends to exercise the right of withdrawal must communicate it to GIADABENINCASA Srl through an explicit declaration of wanting to withdraw from the contract, or to the following e-mail addresses: pec: [email protected]; e-mail: [email protected] as an alternative to the above declaration, the Customer may send the standard withdrawal form, as per Annex I, part B, Legislative Decree 21/2014, the use of which is not mandatory, reported below:

 

Model withdrawal form pursuant to art. 49, paragraph 1, lett. h)

 

(complete and return this form only if you wish to withdraw from the contract)

 

GIADA BENINCASA S.R.L, C.F./P.I. 03434171207

 

e-mail:… [email protected]; pec giadabenincasa [email protected] Hereby I / we (*)

 

I notify / notify (*) the withdrawal from my / our (*) sales contract of the following goods / services (*)

 

Ordered on (*) / received on (*)

 

Name of the consumer (s)

 

Address of the consumer (s)

 

Signature of the consumer (s) (only if this form is sent in paper version)

 

Date

 

(*) Delete the unused wording.

 

In case of exercising the right of withdrawal, the Customer is required to return the goods within 14 days from the day on which he communicated to GIADABENINCASA Srl his will to withdraw from the contract. The goods must be returned to GIADABENINCASA Srl.

 

The goods must be returned intact, in the original packaging, complete in all its parts and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, GIADABENINCASA Srl will refund the amount of the products subject to withdrawal within a maximum period of 14 days.

 

The refund will also include the delivery costs paid by the Customer, without prejudice to the reimbursement of any additional costs, if the Customer has chosen a type of delivery other than the least expensive type of delivery offered by GIADABENINCASA Srl.

 

As required by art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, GIADABENINCASA Srl may suspend the refund until receipt of the goods or until the Customer demonstrates that he has returned the goods to GIADABENINCASA Srl.

 

GIADABENINCASA Srl will reimburse using the same payment method chosen by the Customer during the purchase. In the case of payment made by bank transfer, and if the Customer intends to exercise his right of withdrawal, he must provide GIADABENINCASA Srl: IBAN, SWIFT and BIC necessary for the reimbursement by GIADABENINCASA Srl. In case of withdrawal for the purchase made with a gift card, the amount will be returned to the customer.

 

LEGAL GUARANTEE OF CONFORMITY

All the products sold on the site are covered by the Legal Guarantee of Conformity provided for by art. 128-135 of the Legislative Decree n. 206/2005 ("Consumer Code").

 

The Legal Guarantee is reserved for consumers. Therefore, it applies only to users who have made a purchase on the site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.

 

In case of receipt of defective products or in any case non-compliant with the orders placed, the Customer has the right to restore the conformity of the product without charge by repair or replacement. The Customer can exercise this right if the defect occurs within two years from the delivery of the goods and reports the defect to GIADABENINCASA Srl within two months of discovery.

 

In case of lack of conformity duly reported within the terms, the user has the right:

 

I. primarily, to the free repair or replacement of the goods, at his choice, unless the requested remedy is objectively impossible or excessively expensive compared to the other;

 

II. on a secondary basis (i.e. in the event that the repair or replacement is impossible or excessively expensive or the repair or replacement has not been carried out within reasonable terms or the repair or replacement previously carried out has caused significant inconvenience to the consumer) to the reduction of price or termination of the contract, at your choice.

 

The re-credit, including shipping costs in the case of a defective product at the origin, is made on the same credit and debit card used by the Customer for payment.

 

The replacement product will be sent to the Customer by courier without further shipping costs.

 

In the event that a product purchased on www.giadabenincasa.it, during the period of validity of the Legal Guarantee, manifests what could be a lack of conformity, the user can contact Customer Service, at the addresses indicated in art. 12. Customer Service will promptly reply to the communication, indicating to the user what next steps he must take.

 

The Product with respect to which the user complains about the lack of conformity must be sent to GIADABENINCASA Srl, which will verify the existence or otherwise of the claimed defect, to the following address: GIADABENINCASA Srl – via Monte Napoleone 8 20121 Milano Italy

 

GIADABENINCASA Srl, in the event of a defective or non-compliant product, will arrange, at its own expense, to organize the collection of the product, compatibly with the Customer's availability.

 

GIADABENINCASA Srl reserves the right to ask the user to attach the purchase invoice and / or delivery note or other document proving the date to his request.

 

LIMITATION OF LIABILITY

 

GIADABENINCASA Srl assumes no responsibility for disservices attributable to force majeure or unforeseeable circumstances, even if dependent on malfunctions and disservices of the internet, in the event that it fails to execute the order within the time stipulated in the contract.

 

Although GIADABENINCASA Srl has taken all possible precautions to guarantee the security of personal data, it must be borne in mind that the transmission of data on the internet is never completely secure and that any information disseminated online, including those for payment for the purchase of the product could be collected and used by subjects other than those to whom it was directed.

 

GIADABENINCASA Srl, therefore, disclaims any responsibility for any collection and / or use, even fraudulent, that may be carried out by third parties, of the data of customers and / or users of the www.giadabenincasa.it site.

 

APPLICABLE LAW AND JURISDICTION

These General Conditions of Sale are subject to Italian law.

 

For any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the court of the place where the user resides or has elected domicile, if located in the territory of the State, is competent.

 

In any case, or if the Customer has submitted a complaint directly to GIADABENINCASA Srl, as a result of which it has not been possible to resolve the dispute thus arising, and without prejudice to the right of the consumer user to appeal to the competent ordinary judge. , it is possible to optionally resort to mediation procedures and out-of-court resolution of disputes arising in the interpretation and execution of these conditions of sale by accessing the following site: https://webgate.ec.europa.eu/odr

 

CUSTOMER SERVICE AND COMPLAINTS

 

It is possible to request information, send communications, request assistance or make complaints by contacting the Customer Service of GIADABENINCASA Srl ("Customer Service") in the following ways:

 

by e-mail, at [email protected] ;

 

by post, writing to GIADABENINCASA Srl  Via Monte Napoleone 8 20121 Milano  Italy

 

ACCESS TO THE SITE

The www.giadabenincasa.it site is managed by GIADABENINCASA Srl; the user has the right to access the site for consultation and making purchases.

 

GIADABENINCASA Srl can update the General Sales Conditions at any time.

 

Using the site www.giadabenincasa.it you accept the General Conditions of Sale, as published on the site, which can be consulted at any time by simply clicking on "Conditions of sale"

 

The user is informed that GIADABENINCASA Srl has adopted appropriate security measures to protect the data and personal information provided from unauthorized access or use.

 

The bank data are not registered or kept on www.giadabenincasa.com  but are stored in a secure database of the bank used by GIADABENINCASA Srl and which appears on the transaction page exclusively for the purpose of the commercial transaction.

 

Intellectual property

 

All the content of the site www.giadabenincasa.it (drawings, illustrations, photographs, texts, graphics, descriptions, trademarks, images, videos) is the exclusive property of GIADABENINCASA Srl or licensed to it.

 

It is forbidden to reproduce, distribute, publish, disseminate, copy, modify or sell by any means, partially or totally, the content of the site www.giadabenincasa.it.

 

You may print material for personal, non-commercial use only.