The present General Terms and Conditions govern the purchase of GTA - Il Pantalone brand products made on the website www.gtamoda.it" class="redactor-autoparser-object">www.gtamoda.it" class="redactor-autoparser-object">www.gtamoda.it" class="redactor-autoparser-object">www.gtamoda.it by users who are consumers, meaning - pursuant to art. 3 co.1 lett. a) legislative decree 205/06 ("Consumer Code") - natural persons who make purchases for purposes unrelated to any entrepreneurial, commercial, handicraft or professional activity carried out.
The website www.gtamoda.it is the property of GTA Moda S.r.l. (C.F. and P.I.: 01054650286), cap. soc. int. Ver.: 2,072,000.00, N. R.E.A. PD-291714, a company under Italian law with registered office in Selvazzano Dentro (PD), Via Padova 115, P.E.C. gtamoda@legalmail.it, which - within the scope of the transactions carried out through the aforementioned website - acquires the quality of Seller for the user (hereinafter also "The Customer").
The present General Conditions of Sale exclusively regulate the contract concluded between the consumer (hereinafter "Customer") and G.T.A. Moda S.r.l. (hereinafter also only "GTA" or "Seller") through the Website www.gtamoda.it (hereinafter "Website") in relation to products that will be shipped within the territory of the Member States of the European Union, and in particular in the following countries: Italy, Spain, Belgium, Holland and Germany.
These General Terms and Conditions of Sale, together with the Customer's Order and the Seller's Order Confirmation, constitute the contract between the Seller and the Customer for the sale of the products and replace any previous agreement, oral or written, between the Customer and the Seller. Other and different general terms and conditions of sale shall not apply to the contract. The contract may not be modified without the written consent of the Seller.
If one or more of the provisions of these General Terms and Conditions should be declared, in whole or in part, invalid, illegal or non-binding, the remaining provisions shall remain valid and effective.
The Customer acknowledges and accepts that orders on the Site may only be placed by persons of legal age and legal capacity to act, and by placing the Order he declares and guarantees that he is in possession of such conditions.
The telematic forwarding of the Sales Order by the Customer - allowed by the system only after confirmation of reading the privacy policy and these General Terms and Conditions of Sale - is equivalent to full acceptance of the same, which are therefore deemed to be fully known and understood by the Customer.
In order to proceed with the purchase of the products offered on the Site, the Customer has the option of registering or logging in as a visitor, exercising the relevant option in the manner required by the Site.
In any case, the personal data entered by the Customer must be real and not of third parties and/or fantasy, and he alone is responsible for their truthfulness.
The Customer proceeds to place the Purchase Order in accordance with the instructions provided on the Site; failure to fill in, incomplete or incorrectly filled in the fields indicated as mandatory, as well as failure to tick the boxes attesting to reading and sharing the privacy policy and these General Terms and Conditions, will prevent - by system default - the placing of the Order.
The Seller shall not be liable in any way for the impossibility of executing the contract, in whole or in part, if the Customer has wilfully or negligently provided incomplete or untrue data.
The system also requires - as a condition for the submission of the Purchase Order - the prior execution of the Purchase Order for payment of the products that are the subject of it, using the alternative methods indicated therein (credit card and paypal).
The Purchase Order - once the payment of the price indicated has been completed - takes on the value of a contractual proposal to GTA Moda S.r.l.. Orders for which the economic transaction for payment of the chosen products is not confirmed will be automatically cancelled.
The purchase contract is understood to be concluded and perfected when the Customer receives, at the e-mail address (e.mail) indicated at the time of the Order, the Order Confirmation from the Seller.
The Seller has the right to refuse orders/contractual proposals from Customers who do not offer sufficient guarantees of solvency or with whom a dispute relating to the payment of a previous Order is in progress.
Given the possible simultaneous presence of several users on the Site interested in purchasing the same product, it may also happen that products are no longer available before the Order Confirmation.
The refusal of the Purchase Order for the reasons indicated above or the unavailability of products will be communicated to the Customer by GTA Moda S.r.l. within three working days of receipt of the Purchase Order, by e-mail to the e-mail address provided by the Customer to make the Purchase Order; in the following three working days the Seller will charge the Customer the amount paid for the products for which the Order has been refused and/or which are not available.
In all other cases, the Customer will receive, at the e-mail address indicated, a Confirmation of the Order placed with a summary of all the essential elements of the Order whose correctness the Customer undertakes to verify (Order number, price of the goods, shipping costs, personal data and address of the Customer, withdrawal form, as well as the reference/link referring to these General Terms and Conditions of Sale and to the Privacy Policy).
In the same e-mail, the Customer will be provided with indications for monitoring the status of the Order, including a link to a specific section of the Site ("Follow Order" section - or equivalent).
For the purposes of the application of this clause, as of all clauses of these General Terms and Conditions in which reference is made to "working days", such days are to be understood as Monday to Friday of each week, excluding Italian national holidays.
Subject to a more precise description in each product sheet of the essential characteristics of the same, the products present in the Site are all articles of clothing/trousers, branded G.T.A. - Il Pantalone.
The images and colours of the products present on the Site may not fully correspond to the real ones due to the settings of the computer services or devices used by the Customer.
The product catalogue published on the Site will be periodically updated by the Seller and is therefore subject to variation.
The products may be personalised by the Customer, exercising the appropriate option at the time of the Purchase Order, by customising the garments with the Customer's own initials or other initials, provided that they consist of no more than three characters maximum; since the execution of the embroidery affects the materiality of the product, determining a change that cannot be eliminated if not prejudicing the integrity of the product itself and preventing its subsequent resale except as a defective garment, the Customer is expressly warned that - with respect to orders of customised products - it may not be exercised, pursuant to Article 59, para. 1 c), Legislative Decree 206 of 2005 (Consumer Code) and European Directive 1999/44/EC and subsequent amendments and additions, the right of withdrawal may not be exercised, and the right of return is therefore excluded with respect to such products.
Orders concerning personalised products at the Customer's request may therefore under no circumstances be cancelled or revoked following the sending of the Order Confirmation e-mail by the Seller.
All prices shown on the Site are expressed in euros and must be understood to include VAT.
The price of the products does not include shipping and delivery costs, which vary depending on the geographical location of the place of delivery and which the system in any case makes known to the Customer, by indicating them separately from the price of the products, before that the Customer sends the Order proposal. The shipping and delivery costs are added to the price of the products, to form the final and total price that must be paid by the Customer to finalise the Order.
If the Customer should pay the Seller an amount that is higher than the purchase price of the product or products chosen, the Seller shall - within 3 working days following receipt of payment - notify the Customer of this circumstance by sending an email to the address indicated by the Customer at the time of the Order and shall reimburse the Customer for the excess amount paid within the same period.
In the event that, due to a material error, the Site should indicate, with reference to one or more products, a purchase price that is clearly lower than the commonly known price of the product or products chosen, the Seller shall have the right - by means of an email message to the address indicated by the Customer at the time of the Order - not to confirm the Purchase Order, indicating to the Customer the correct price of the product or products ordered.
Upon receipt of this communication the Customer shall have the right to communicate, within the following three working days by means of an e-mail message to the e-mail address e.commerce@gtamoda.com, the intention to proceed with the purchase anyway, paying to the Seller, within the following three working days and in the same manner used for the initial transaction, the difference necessary to reach the correct purchase price.
In the absence of payment of the price adjustment within the term indicated above, the Purchase Order shall be considered definitively rejected and GTA shall return to the Customer any amounts already paid by the latter for the Purchase Order.
It is possible to use any promotional vouchers (value vouchers and discount codes) provided by the Seller on the Site, according to the modalities and timing established from time to time. In any case, it will never be possible to combine any vouchers or offers in the same Order and it will not be possible to use them more than once.
The method of payment of the price of the chosen product or products is indicated by the Customer at the time of the Order, from among those made available on the Site.
In the event that the method of payment by credit or debit card is chosen, the payment procedure shall take place through a secure connection directly connected to the bank that owns the online payment service.
The Customer shall in any case be entitled to have the amount paid re-credited in the event of non-performance or non-execution of the contract by the Seller.
The Seller undertakes to fulfil orders placed by Customers within the date indicated in the Order and Order Confirmation (on average 10 working days) and in any case no later than 30 days from the day on which the Customer receives the Order Confirmation communication.
Any delivery date and time indicated in the Order and Order Confirmation shall be understood as merely indicative; the Customer understands and accepts that the Seller shall not be liable for any and all damages that may arise, directly or indirectly, as a consequence of the delay in delivery of the products with respect to the estimated date or time.
The Seller shall not accept any Order or deliver any product until payment of the price has been authorised and/or credited to the Seller's bank account.
The products are delivered, by agreed couriers, to the address indicated by the Customer at the time of the Order. It will only be possible to change the delivery address before the products have been handed over to the forwarding agent and, in any case, provided that the new designated address is within the same country indicated by the Customer at the time of the Order.
It is not possible under any circumstances to collect the purchased products directly from the Seller's warehouse.
If the Customer complains that the package containing the products has been tampered with or damaged, or that some of the items included in the Order placed are missing, he/she must promptly contact G.T.A.'s customer service by sending an email to support@gtamoda.com, documenting the incident.
In particolare, il Cliente che riceve il pacco ha il dovere di esaminarlo e, qualora riscontri manomissioni o danneggiamenti, deve provvedere a fotografare i danni nonché conservarlo per consentire la verifica di quanto lamentato.
The Customer understands and accepts that by signing the delivery receipt, he/she becomes the owner and solely responsible for the delivered goods, as well as for any loss or damage caused or suffered by them after taking delivery.
The resale, rental or transfer for commercial purposes of products purchased from the Seller's Site is prohibited. The Seller may refuse the Order if it suspects that the Customer intends to resell, rent or transfer the products.
The Customer, as a consumer, pursuant to Article 52 of Legislative Decree 206/2005 (Consumer Code), has the right to withdraw from the contract, without giving any reasons, within 14 days of receipt of the goods.
In order to exercise the right of withdrawal, the Customer shall inform the Seller of his or her decision to withdraw from the contract by means of communication by e-mail to support@gtamoda.com or by certified e-mail to gtamoda@legalmail.it, or through the appropriate function on the Site gtamoda@legalmail.it; the communication may also be made by completing and sending, by e-mail or pec to the above-mentioned addresses, the return form attached to these General Sales Terms and Conditions.
The products must be returned within 14 days of sending the notice of withdrawal in accordance with the procedures indicated on the Site (in the Returns section). The items to be returned must be returned to the Seller's address by postal service or courier of the Customer's choice, at the Customer's expense, or by the agreed carrier with whom arrangements must be made.
Returns sent after the permitted date shall not be accepted.
The Customer shall be liable for any decrease in the value of the goods resulting from
handling of the goods other than that necessary to establish the nature, characteristics and functioning.
The products must be returned unaltered, undamaged, clean, unscratched (with no signs of wear, abrasion, scratching, etc.), undamaged, labelled and complete with all their elements and accessories (labels, posters, notes, instructions for use, pendants, buttons... etc.); otherwise, the Customer shall only be entitled to a refund of the residual value of the product.
If the right of withdrawal is correctly exercised, the Customer will be refunded all payments he/she has made, including delivery costs (with the exception of any additional costs resulting from his/her choice of a type of delivery other than the least expensive type of standard delivery offered), without undue delay and in any case no later than 14 days from the day on which the Seller was informed of the decision to withdraw from this contract, after checking the returned products and compliance with the terms indicated in this paragraph.
Said refunds shall be made using the same means of payment used for the initial transaction; only in the event that the credit card previously used has been lost or stolen or has expired, the Customer may send an e-mail to support@gtamoda.com to agree on a further means of payment for the refund, correlated, if applicable, with the report of loss or theft; in any event, the Customer shall not incur any costs as a consequence of said refund.
Pursuant to Article 59(1)(c) of Legislative Decree 206 of 2005 (Consumer Code), customised products, as described above in Article 3 of these General Terms and Conditions, cannot be subject to the Customer's right of withdrawal, without prejudice to the rights connected to the product warranty.
Pursuant to the law, the Seller shall be liable for any conformity defect existing at the time of delivery of the goods.
The action aimed at asserting defects not maliciously concealed by the Seller shall in any case be time-barred within 24 (twenty-four) months from delivery of the goods.
To avail himself of this guarantee, the Customer must report the defects found, within the peremptory term of 2 (two) months from their discovery, by sending an e-mail to support@gtamoda.com or a pec to gtamoda@legalmail.it.
This report shall contain an exhaustive and complete description of the defects found.
The Customer understands and accepts that the conformity guarantee only applies if the product has been used correctly, in accordance with the purposes for which it is normally used and with the washing instructions supplied with the product.
The Seller shall not be liable for disservices and delays in the execution of the Contract attributable to force majeure or fortuitous events.
If for the aforementioned causes it is not possible in any way to execute the Contract subject to these General Terms and Conditions, the Seller shall not be liable for losses and costs incurred by the Customer or third parties, without prejudice to the Customer's right to a refund of the price paid.
The Seller shall also be exempt from liability for any unlawful and fraudulent use by third parties of personal data and means of payment.
When the Customer places an Order on the Seller's Site, he/she provides his/her personal data. The Customer understands and accepts that the Seller will use the Customer's personal data to process the Order and deliver the products to the Customer. The processing of the Customer's personal data will take place in accordance with the provisions of the privacy policy available on the Seller's Site at the following link.
The contract concluded pursuant to the present General Conditions of Sale shall be governed, also with regard to its interpretation, by Italian Law, without prejudice to any other mandatory provision of law more favourable to the Customer applicable in the country of habitual residence of the Customer.
Any dispute shall be subject to the exclusive jurisdiction of the competent court of the place where the Consumer is domiciled or resident or, at the choice of the Consumer, of the Court of Padova.
The Customer, furthermore, with regard to disputes arising from the contract, has the right to have recourse to one of the out-of-court dispute resolution procedures provided for by the applicable laws currently in force by accessing the platform prepared by the European Commission, accessible on the Site http://ec.europa.eu/odr.
The Seller may amend these General Terms and Conditions at any time, at its own discretion and without prior notice to the Customer.
Changes made to the General Conditions shall be effective, as a rule, from the date of publication on the Site.
The Customer, therefore, shall adhere to the General Conditions in force at the time the Order is placed, unless they are exceptionally effective retroactively.
The Customer may contact the following numbers for any information and assistance:
+39 049 8685623
support@gtamoda.com