Terms of service
Terms and conditions
Before placing orders on the www.giuuno.com website, you must carefully read and accept the General Terms and Conditions of Sale set out below.
ARTICLE 1. THE COMPANY
The company SG GIUGLIANO SRL, with registered office in Piazza Principe Umberto 3, Nola (NA), VAT number 07954401217, (hereinafter "GIUGLIANO") has created and manages the website www.giuuno.com, through which it is authorised to sell its men's clothing, footwear, perfumes and fashion accessories products (hereinafter the "Products") to the users visiting the website (hereinafter "Users").
For any and all complaints regarding the order placed, the purchase made and/or the Products purchased, Users may contact the customer service whose contact details are listed below:
E-mail: E-mail: help@giuuno.com
Telephone: (active from Tuesday to Saturday from 9:00 to 13:00 and from 16:30 to 20:30).
Address: Piazza Principe Umberto 3, Nola (NA).
ARTICLE 2. THE WEBSITE
The site www.giuuno.com (hereinafter the "Site") is an e-commerce site accessible via the Internet at www.giuuno.com
. The Site is accessible from Italy by all Internet users (hereinafter "Internet Users"). In the context of these General Terms and Conditions of Sale (hereinafter "GTC"), the term "Parties" shall be used jointly to refer to the Users and the Juniper and the term "Party" shall be used to refer to one of the two separately. The term "Purchaser" shall refer to all Users who have placed an order for the purchase of Products for delivery exclusively within the territory of Italy. The same rights and obligations set out in the GTC for Users shall apply to the Purchaser.
The sale of the Products through the Site is intended solely for the personal use of Users and not for the purposes of their professional activity.
The Products purchased on the Site will be delivered exclusively within the territory of the Italian Republic, the Republic of San Marino and the Vatican State.
Orders with a delivery address to a PO Box cannot be processed.
The Users who wish to purchase on the Site, aware of the civil and criminal liability in case of false declarations, declare to have full legal capacity and to be of age for the purposes of Italian law.
Any order to purchase Products offered on the Website implies consultation and express acceptance of the GTCS, without, however, this acceptance being conditioned by a handwritten signature of the User.
In accordance with Articles 1321, 1322, 1326, 1335 of the Civil Code, Legislative Decree No. 21/2014, Legislative Decree No. 185/99, implementing Directive 97/7/EC, and Presidential Decree No. 513/97, the completion and sending of the order form, referred to in the following Art. 5 "Insertion and confirmation of orders", constitutes to all legal effects a contract of sale between Giuuno and the User of the Site, which gives rise to reciprocal rights and obligations governed by civil law, arising from the online sale of the Products and from the relations that the Parties establish on the Internet and exclusively on the Site.
The User may save and print the GCS, provided that no changes are made to them.
The GTCS set out all the steps required to place an order, as described in Article 4 "How to place and confirm orders" and ensure the execution of this order between the Parties.
The applicable GTC can be consulted at any time by clicking on the appropriate link.
Giuuno may update the GTC at any time
. These GTC shall apply to the exclusion of all other documents.
ARTICLE 3. PRODUCTS
The Products offered for sale by Giuuno are those listed on the Site on the date of consultation of the Site by the Users, within the limits of availability of the stock.
The photographs illustrating the Products do not fall within the present contractual scope; therefore Giuuno cannot be held responsible for any errors and/or discrepancies.
Although Giuuno strives to ensure a faithful reproduction of the colours of the Products represented in the photos published on the Site compared to the original ones, discrepancies cannot be excluded, in particular due to technical limitations in the computer reproduction of colours. Consequently, Giuuno cannot be held responsible for errors and/or inaccuracies in the graphic and photographic reproduction of the Products present on the Site.
Availability of products.
The Products are offered within the limits of available stocks. In the event of unavailability of one of the Products, the Buyer will be informed promptly.
The notification may be notified:
- When creating the order: a window is displayed indicating that the Product desired is temporarily unavailable.
- After confirmation of the order: before delivery, by e-mail or telephone.
If the unavailability of a product is contested after the confirmation of the order, the Buyer will have the possibility of cancelling his order by requesting the reimbursement of the sums paid for the unavailable products within and not later than 30 (thirty) days from their withdrawal or the replacement of the unavailable Product(s) by e-mail.
Giuuno declines any responsibility in case of out of stock or unavailability of the Products.
When the User of the Site places an order, he/she is entitled to view all the Products that can be purchased online.
Retention of title
The products ordered remain the property of Giuuno until the price has been collected in full by the latter and the products have been delivered and physically received by the Buyer. In the event of irregularities in payment, the Buyer undertakes to return the products received to Juno at the first request. In return, on the effective date of delivery, the risks (specifically related to loss, theft or damage) concerning the products delivered are borne by the Buyer.
ARTICLE 4. PRICES AND PAYMENTS
Prices
The prices of the Products are indicated in Euros and include the VAT applicable on the date of the order.
The price charged to the Buyer is the price stated on the Order Confirmation sent by e-mail by Giuuno.
The price established includes packaging costs, which are free of charge for Users; but not shipping costs, which shall be borne by the Buyer, as well as those for a delivery different from that normally guaranteed, without prejudice to any promotions referring to free shipping.
Giuuno reserves the right, which the User accepts, to modify the prices published on the Site at any time. In any case, the price of the Products, subject to availability, will be charged on the basis of the rates indicated at the time of registration of the order. The tariff in force will be the one indicated on the Site, except in the case of errors in the price of the Products, in which case Giuuno will promptly inform the Buyer and give him the option of reconfirming his order at the correct amount or cancelling it; in the case of non-reconfirmation, the order will be cancelled and the Buyer will be refunded the full amount paid.
Payments
All payments must be made immediately over the Internet. Unless the server is unavailable, Users of the Site may pay by PayPal, Cash on Delivery or the following credit cards:
- Mastercard
- Visa
Users of the Site must enter:
- card number,
- expiry date,
- 3-digit security code on the back of the card (Visa and Mastercard only).
In order to avoid and reduce the risk of unauthorised access, the card data will be encrypted. Once the Order has been received, Giuuno shall debit the User's card.
If the payment method chosen is PayPal, the amount relating to the Order shall be debited from the PayPal account at the time the order is placed.
In accordance with the legislation in force, each purchase made through the Website shall be subject to Value Added Tax (VAT), in accordance with the Italian legislation in force and Chapter I of Title V of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (VAT), whereby deliveries shall be deemed to be made in the Member State which results in the delivery address of the items, the applicable VAT being that legally in force in each Member State of destination of the items delivered in each order.
ARTICLE 5. TERMS OF ENTRY AND ORDER CONFIRMATION
Navigation within the Site
Users may view and choose the various Products marketed by Giuuno at the following address: www.giuuno.com. The Users may consult the various pages of the Site free of charge, without any obligation to make a purchase.
The registration of orders can only be taken into account by Giuuno if the delivery and invoicing address is located in Italy.
Placing an order
If a User wishes to place a purchase order, he must choose the various Products he is interested in by clicking on the "add to basket" button.
Each new Product added to the shopping cart will be indicated by means of a specific window.
The Users of the Site may, at any time,:
- view a summary of the Products selected or modify the order by clicking on the "Shopping cart" button, which is located at the top right-hand corner of each page,
- continue selecting the Products by clicking on "Continue your purchases",
- complete the selection of the Products and place the order by clicking on "Buy now".
In order to order the selected Products, Users shall click on the "Shopping Cart" button.
A summary of their order will appear on the screen. If the list that appears corresponds to the Products selected, the Users must validate their choice by clicking on the "Buy now" button.
The User must identify himself/herself: by entering his/her e-mail address and password if he/she is already registered on the Website, otherwise he/she must/can register or place his/her order without registering on the Website. The User is aware and accepts that the entry of his/her username constitutes proof of his/her identity and consent.
In the event of new registration, the User undertakes to complete in good faith the registration form made available to him/her and acknowledges that the data communicated and recorded on Giuuno's information sites are accurate and valid as proof of his/her identity. In order to complete the order, the User must follow all the steps listed in this paragraph.
By using this website and/or placing orders via the website, the User agrees to use the website only to make valid enquiries or orders and not to place false or fraudulent orders, which shall therefore be subject to cancellation by Giuuno.
Final validation of an order
Users must click on the box "I accept the General Terms and Conditions of Sale" before they can proceed to choose their payment method.
Users are invited to enter their credit card details or log in to their PayPal account.
Orders are validated after entering the card information or authorising the request via their PayPal account.
With the acceptance, even partial acceptance, of the order by Giuuno, the contract between Giuuno and the User/Purchaser shall be deemed to have been concluded. Giuuno reserves the right, at its sole discretion, to accept the order. Acceptance shall be deemed to be tacit unless otherwise communicated to the User in any manner whatsoever.
Any right of the User to damages or compensation, as well as any contractual or extra-contractual liability for direct or indirect damage to persons and/or things, caused by the non-acceptance, even partial, of an order, is excluded.
Confirmation of an order
Once the Buyer has validated his order and given instructions for payment, a summary window will appear showing the transaction number, receipt of the order (hereinafter the "Order Confirmation") and confirmation that the order is being dispatched (hereinafter the "Dispatch Confirmation"). This confirmation will also be sent to the Buyer in the order confirmation sent by e-mail. The aforementioned confirmation shall include all the constituent elements of the contract between the Parties, including the Products requested, the payment provisions, the delivery provisions and the address of Giuuno's head office to which any claims are to be sent, as per Article 1 of these GTC. It is advisable in all cases to keep a copy (electronic or hard copy) of the information concerning the order. The data recorded and collected on the Site constitute full proof of all transactions concluded between the Buyer and Juno. In the event of a dispute between Junipery and the Buyer concerning a transaction carried out on the Site, the data recorded by Junipery will constitute full proof of the content and the transaction. Giuuno retains a copy of the contract concluded between Giuuno and the Buyer in electronic form for the period from the conclusion of the contract to the date of delivery of the goods and for ten years thereafter. The Buyer is entitled to access this written copy at any time by sending an e-mail to the address: help@giuuno.com or by contacting the contact details in Article 1 of these GTC and enclosing proof of identity.
ARTICLE 6. DELIVERY
Delivery methods and times
The delivery of orders is managed by a logistics centre located at SG GIUGLIANO SRL, Piazza Principe Umberto 3, Nola (NA) and orders are shipped with the transport company TNT/DHL. Orders are sent within the term indicated in the Order Confirmation and, in any case, at the latest within thirty (30) working days starting from the day after receipt of the Order Confirmation e-mail. The products ordered by a Buyer will be delivered to the address stated on the Order Form. If the Buyer is absent, the Products covered by the order will be sent to the warehouse chosen by Giuuno and a notice will be left for the Buyer specifying the location of the Products covered by his order and how to agree on a new delivery. If delivery cannot take place for reasons not attributable to Giuuno after 15 days from the date on which the order is available for delivery, the Contract will be terminated and the Buyer will be promptly reimbursed all amounts paid, including delivery costs (excluding any additional costs arising from the choice of a delivery method other than the ordinary method and excluding additional transport costs arising from the termination of the Contract) and, in any case, within 14 days from the date of termination of the Contract. Please note that deliveries are not made on Saturdays, Sundays and public holidays and that delivery shall be deemed to be made upon acquisition, by the Purchaser or a third party indicated by him, of the material availability of the products, which shall be proved by signing the order receipt at the agreed shipping address.
Delivery problems
In the event of a delay in delivery, the Buyer must inform the customer service department as soon as possible by writing an e-mail to: help@giuuno.com or by contacting the contact details in article 1 of these GTC. Giuuno undertakes to contact the transport company TNT for an audit. The duration of the verification is not foreseeable. In the event of non-compliance with the delivery terms or any delivery terms granted, the Buyer shall have the right to terminate this contract in accordance with Article 61 of Legislative Decree No. 21/2014, with consequent reimbursement of all sums spent, it being understood that Giuuno will inform the Buyer in advance of the delay in order to ascertain the latter's willingness to accept the delay and postpone the delivery. It should also be noted that the transport risks are borne by the Buyer, as well as those relating to the loss of or damage to the Products from the time the Buyer takes physical possession of them. Following receipt of the Products ordered, the Purchaser must check that the Products correspond to those ordered. In order to verify any anomalies that may be found (missing or damaged products, damaged packaging, tears, etc.), the User may withdraw the Products subject to verification and, in the event of a positive finding of such facts, these must be indicated within 24 hours by the Purchaser on the form sent with the order and must be communicated to Giuuno's customer service by sending an e-mail to: help@giuuno.com or by contacting Giuuno by means of the contact details referred to in Article 1 of these GTC, specifying for which product the anomalies were found. All complaints that are not reported or that are sent more than 24 hours after delivery of the products will be rejected and Giuuno will not be held responsible for them. Giuuno shall not be held responsible in the event of loss, sending to an incorrect address or delayed delivery of a Product, insofar as the risks relating to the transport chosen by the Buyer are borne by the latter. It is compulsory to provide personal data related to delivery, as they are necessary to process and send orders, as well as to prepare the invoice. These personal data are strictly confidential. Failure to provide this personal information means that the order cannot be processed.
ARTICLE 7. RIGHT OF WITHDRAWAL AND RETURN OF GOODS
In full compliance with the provisions of article 49, paragraph 1), letter h) of Legislative Decree no. 21/ 2014, the Buyer has a period of 14 (fourteen) working days to return, at his own expense, the Products if they do not satisfy him and to store the Products until that time. This period begins on the day of delivery of the order. In the event of ascertained violation of the provisions of Article 49, paragraph 1), letter h) of Legislative Decree no. 21/ 2014, pursuant to Article 53 of the aforementioned Legislative Decree, the withdrawal period granted to the Purchaser will be extended to twelve months following the initial withdrawal period. Giuuno may provide the Purchaser with the information referred to in the aforementioned Article 49 within twelve months of the ascertained violation, and the right of withdrawal shall end fourteen days after the day on which the Purchaser has received such information. In the event of the purchase of more than one Product, delivered at different times, the aforementioned period shall run from the receipt of the last Product covered by the Purchase Order. Such notice of withdrawal may be sent by registered letter, using the model attached sub 1 to these GTC, as per Annex 1 to Legislative Decree No. 21/2014 to be sent to: SG Giugliano S.r.l., operational headquarters Piazza Principe Umberto 3 Nola (NA), or by following the instructions on the website www.Giuuno.com and carrying out the computer procedure. The withdrawal period begins on the day of receipt of the order and ends after 14 (fourteen) working days from the moment of receipt of the order by the Purchaser. In the event of withdrawal, the Purchaser will only be reimbursed the price of the returned products, but will be charged the cost of Euro 5.00 (five/00) for the service of collecting the returned package at the Purchaser's expense. The right of withdrawal may only be exercised by the Purchaser and not by third parties. The products must be returned, together with the delivery note received, to: SG GIUGLIANO S.r.l., at Piazza Principe Umberto 3 - Nola(NA) 80035. The direct costs of returning the products, i.e. the shipping costs related to the return of the same, will be borne by the user to whom, before confirming the request for withdrawal, the cost of transport and the courier to be used for the return is indicated in the appropriate section "returns and refunds". In the event that the Purchaser claims that Giuuno has failed to recognise the right of withdrawal, due to non-receipt of the notice of withdrawal, it will be the Purchaser's burden of proof to show that he has complied with it.
Exclusions of the right of withdrawal
Pursuant to Article 59 of Legislative Decree 21/ 2014, the right of withdrawal referred to in this Article is excluded in relation to:
-Withdrawal expressly manifested by the Purchaser;
-Purchases of Products having a personalised character made by Giuuno on the User's instructions;
-Purchases of Products combined with others for special occasions;
-Intimate Apparel.
Products that do not satisfy the Buyer
If a Buyer exercises the right of withdrawal, the Product(s) must be returned in their original form and packaging, complete and accompanied by TNT's delivery note coupon. The Buyer will bear the shipping costs for the return of the Products in the amount of Euro 5.00 (five/00), except for those that do not conform. Giuuno will not accept a shipment of Products with charge to the addressee. The Buyer assumes all reasonable risks associated with the return of the Products. If the above-mentioned circumstances are met, Giuuno will reimburse the Buyer within a maximum of 14 (fourteen) working days from the day on which it is informed of the consumer's decision to withdraw, for an amount corresponding to the Products purchased. The Purchaser shall only be liable for any decrease in the value of the goods resulting from any handling other than that necessary to establish the nature, characteristics and functioning of the Products. Juno will make the refund using the same means of payment used by the Buyer for the initial transaction, unless the Buyer has agreed otherwise.Juno is not obliged to reimburse additional costs if the Buyer has expressly chosen a type of delivery other than the least expensive type offered by Juno. No reimbursement shall be made (a) if the product has been used beyond simple opening; (b) for products that are not in the same condition as they were delivered and/or have been damaged and/or are not intact and in normal condition and/or do not have an identification tag. Giuuno, within the term of 14 (fourteen) working days, may withhold the refund until the Purchaser has received the goods or has proved that he has shipped the goods.
Non-conforming products
Non-conforming products are products that have been sent by mistake by Giuuno or that have defects. In case the Buyer considers that at the moment of the delivery the Product does not comply with the Contract, he has to contact Giuuno within 24 hours from the receipt of the goods, using the contact form, indicating the data of the product and returning the same to SG GIUGLIANO s.r.l. at Piazza Principe Umberto 3 - Nola (NA) 80035 within 14 (fourteen) working days starting from the date of receipt of the Product, in its original packaging. Giuuno will examine the returned product and will communicate by e-mail if it will proceed to the refund. The refund of the item will be made in any case within 14 days from the date on which an e-mail is sent confirming to the user that it will proceed with the refund of the unsuitable item. The direct costs of returning the goods will be borne by the Purchaser, while the amount paid for products returned due to damage or defect, if ascertained by Giuuno, will be refunded in full, including the delivery costs incurred in sending them.
Promotional products
In the case of purchases of promotional products (3×2/Multipack), returns are possible as follows:
- By returning all items purchased, you will receive the full amount spent, net of shipping costs;
- By returning one or more products purchased with the 3×2 promotion, you will receive an amount equal to the initial purchase cost of the individual item, reduced by a value resulting from a weighted average of the discount of the three products.
The amount returned will always be net of shipping costs.
ARTICLE 8. LEGAL GUARANTEE
The Legal Guarantee of Conformity is governed by articles 128 et seq. of the Consumer Code in favour of consumers who purchase products for personal use (i.e. for purposes unrelated to their professional or entrepreneurial activity) that present conformity defects. The lack of conformity, subject to the Legal Guarantee of Conformity, exists when the product purchased is defective or does not allow the use for which goods of the same type are normally used, or is a product that does not conform to the description made by the seller. The Legal Guarantee of Conformity does not cover product defects deriving from normal wear and tear, abnormal or improper use, accidental events (e.g. falls) and in any case maliciously caused to the product itself, nor does it cover defects deriving from repairs carried out by unauthorised methods or centres. In the event of a lack of conformity, existing at the time of delivery of the goods: In the first instance, the Purchaser has the right to have the conformity of the goods restored, free of charge, by repair or replacement. The Buyer may, at its option, request Giuuno to repair the goods or to replace them, unless the remedy requested is objectively impossible or excessively expensive compared to the other. Repairs or replacements shall be made within a reasonable period of time from the request. As a secondary remedy (if the first two remedies are impossible or excessively onerous, or have not been carried out within a reasonable period of time, or are inconvenient), the Purchaser may request, at his option, an appropriate reduction in the price, which must take into account the use that has been made of the product, or termination of the contract. Any conventional warranties, additional to the Legal Guarantee of Conformity, provided by the manufacturer or retailer, do not replace or limit the rights arising from the Legal Guarantee of Conformity. The legal guarantee of conformity covers conformity defects that have become apparent within the term of two years from the delivery of the purchased product, provided that such defects are reported by the consumer within two months from the date on which they were discovered and provided that the Purchaser has proof of purchase (tax receipt or talking tax receipt) with explicit reference to the Product.
ARTICLE 9. MAJOR FORCE
Neither Party shall be liable for total or partial non-performance or delay in performance of its obligations under this Agreement that is caused by an event that cannot be prevented (hereinafter referred to as "Force Majeure"). Events of Force Majeure may include, but are not limited to, war, riot, insurrection, serious disturbance of Internet security, technical failures, unauthorised access to and/or intrusion into the website servers, strikes of any form, telematic or telephone failures. If a Party assumes that a Force Majeure event has occurred, it shall inform the other Party within 5 working days of the occurrence of the event or the risk of the occurrence of such an event. The Parties agree to meet in order to jointly determine the terms and conditions for filling orders during the presence of a Force Majeure event. After 1 (one) month of interruption due to a Force Majeure event, Giuuno may choose to cancel the orders and to reimburse the Buyer, if due.
ARTICLE 10. PROTECTION OF PERSONAL DATA
The inclusion of personal information collected in the context of distance selling is compulsory, as this information is necessary for the processing and delivery of orders and the issuing of invoices. This information is strictly confidential. Failure to provide it implies the automatic rejection of the order. In accordance with law No. 78-17 of 6 January 1978 relating to information technology, files and freedoms, the processing of personal information collected on the Site has been the subject of a declaration with the National Commission for Information Technology and Freedoms. The User has a right to access, modify, rectify and delete data concerning him/her. To exercise this right, the User must send an email to the address: help@giuuno.com. The Buyer can therefore make informed choices about the personal information that he has provided to the Site.
ARTICLE 11. PARTIAL INVALIDITY
If one or more of the provisions of the GTC is held to be invalid or is declared to be invalid by law, regulation or by a final judgment, all other provisions shall remain in full force and effect.
ARTICLE 12. FULL CONTRACT
These GTC and the entire summary sent to the Buyer form an integral part of the contractual relationship between the Parties. In the event of any discrepancy between these documents, the GTC shall prevail.
ARTICLE 13. APPLICABLE LAW AND JURISDICTION
The GTC and the contractual relationship between Giuuno and the Buyer shall be governed by Italian law. Any dispute arising out of the interpretation and/or execution of this contract shall be subject to the exclusive jurisdiction of the Court of Naples.
ARTICLE 14. AMENDMENTS TO THIS NOTICE
Without prejudice to the fact that Giuuno does not in any case carry out any processing operations other than those expressly authorised and/or requested by each User, this information notice may be subject to amendments in order to comply with new legal provisions or with changes in Giuuno's data processing policies. Each updated version of this statement will be made available on the Site in the dedicated section: Giuuno therefore invites all Users to periodically consult the Site in order to be always informed of the latest version uploaded.