Shop conditions

Art. 1 DEFINITIONS
Art. 2 CONCLUSION OF THE CONTRACT
Art. 3 PURCHASING PROCEDURES
Art. 4 DELIVERY TIMES AND POLICY
Art. 5 CUSTOMER’S OBLIGATION
Art. 6 PRICING POLICY AND PAYMENTS
Art. 7 SELLER LIABILITIES
Art. 8 COPYRIGHT AND BRANDS
Art. 9 RETURN AND REFUND POLICY
Art. 10 EXCHANGE
Art. 11 LEGAL WARRANTY OF PRODUCT CONFORMITY
Art. 12 CONTRACT TERMINATION AND EXPRESS TERMINATION CLAUSE
Art. 13 PRIVACY
Art. 14 LANGUAGE
Art. 15 COURT’S JURISDICTION

Art. 1 DEFINITIONS
• “Website” means the website giostyle.com or Gio'Style Store, dealing with a wide variety of products for leisure time and outdoor activities.
• “Customer” means the person (natural or legal person) who make the purchase on the Website and, pursuant to the art. 3 lett a. of the Italian Consumer Code, is defined as the natural person acting for purposes which are not related to his or her trade, business or profession
• “Consumer code” refers to Legislative Decree. No. 206/2005, as amended by Legislative Decree no. 21/2014, which regulates the consumer rights set forth and implemented the Directive 2011/83/EU amending Directive 93/13/EEC and Directive 1999/44/EC
• “Sales Terms and Conditions” means the terms governing the sale and purchase of products on the website. The Terms and Condition are subject to substantial modification, therefore the Customer is invited to check them and save or print a copy before making any purchase. Any amendments may be relied from the date they were published online and are not applicable to contracts concluded before their online pubblication.
• “Products” are the goods on sale on the website, according to general terms and conditions.
• “UpCommerce S.p.A.” or “The seller”, having Tax Code and VAT Registration Number IVA n. 03376920710 and its registered office in Via di Motta della Regina snc - 71100 Foggia (FG) - Tel. +39 0881 025160, is the company that manages Gio'Style Store.
• “Legal Guarantee of Conformity” refers to the guarantee set forth in Articles 128-135 of the Consumer Code, applicable exclusively to Consumers.
• “Order” refers to the customer's request addressed to the Seller for the purchase of the product presented on the Website
• “Product or Products” refers to all products sold over the Website, as described in their own product page, according to the General Terms and Conditions. The Seller reserves the right to update the Products specifics without giving prior notice. It is understood that the picture on the website may not represent the products features: the Product ordered may have different color, size, accessories, etc, from the product shown in the picture.
• “Price” is the form that must be filled out and sent to UpCommerce in case of damaged product.
• “Contract” is the agreement of purchase/sale of one or more Products, according to the General Terms and Conditions.
• “Return & Refund Form” is the form that must be filled out and sent to Gio'Style in case of Cancellation of purchase.
• “Return & Exchange Form” is the form that must be filled out and sent to Gio' Style in case of damaged products.

Art. 2 CONCLUSION OF THE CONTRACT
• The contract between the Seller and the Customer shall be considered to be executed and effective only upon the Seller’s acceptance of the purchase proposal (or order "Pending"), and the Seller reserves the right, at his sole discretion, to accept or reject the order according to the availability of the product in the Proposal in accordance with the conditions established therein.
Acceptance of the Order consists of changing its status from "Pending" to "in process".
The Seller will promptly inform the Customer if the proposal is rejected and the reasons for rejection, by sending an e-mail to the address indicated or by making a telephone call, explaining the reasons behind his decision. • The Purchase Proposal is strictly "while stocks last". In the event that the actual product is no longer available from the supplier company and/or longer periods of time are required than those specified in paragraph 4 below, the Seller will promptly notify the customer by e-mail or by telephone.
In this case, the customer can choose to:
a)Cancel the order with a refund of the amount already paid;
b) Exchange the Product;
c) Wait longer even beyond the time set forth in Section 4 below.
• In the event that the customer selects option a) above, then all amounts previously paid will be refunded as soon as possible but in any event within thirty (30) days from the date of receipt of the request for reimbursement.
• The customer, by placing the order, automatically declares to have read all the information provided during the purchase procedure and accepts the General Terms and Conditions for Sale and payment referred to hereinafter (even though orders might have been placed by telephone or e-mail).
• If the customer is a consumer (i.e. a person who buys goods for purposes not related to his profession), then upon the conclusion of the online purchase procedure he/she will print or save an electronic copy (and in any case keep) these Sale Conditions in accordance with the provisions of Articles 49-51 of Legislative Decree. n. 206/05 on distance selling.
• The Seller shall not be liable for delivery errors caused by erroneous or incomplete information given by the customer in completing the purchase order. The Seller will also not be responsible for any damage that may occur to the products after delivery to the carrier for transport as well as for delay in delivery due to the latter.

Art. 3 PURCHASING PROCEDURES
•Products are on sale according to terms and conditions provided for the Contract published on the website when placing an order. Products can be purchased online by Gio'Style's automated procedures . Any attempt to purchase and/or book by e-mail, fax or any other means will not be accepted.
•Personalized Products are created on demand depending on the options selected on our website and on the Seller authorization. These products are excluded from return and refund policy.
•There are no restrictions about the number of Products you can purchase on each transaction (excepting for limited availability that the Seller will specify to the Consumer).
•For your enquiry the help desk and after sale service are available on the Website in the section “CONTACTS” and “FAQ” or via e-mail at the following address customercare@giostyle.com these are the only means by which is possible to contact us.

Art. 4 DELIVERY TIMES AND POLICY
• All orders are dispatched by Express Courier Service or International Courier Service to the shipping address specified by the Customer.
• Products delivery times: shipments are based on times indicated by manufacturers and/or distributors. Delivery times are indicative and not binding to Gio'Style Store.
• In case of unavailability of one or more Products after the Order, the Customer will be informed by email. For further information the Customer shall see the section "Deliveries" on the Webiste.

Art. 5 CUSTOMER’S OBLIGATION
• To purchase any of our Products, the Customer needs to sign up to the Site, in order to give us the information required not only to process the Order but for the shipment/delivery of the Products. Registration is free.
• The Customers is not allowed to enter false and/or fictitious information during the registration procedure; personal information and e-mail address shall be your own personal details and not of any other person or false.
• The Customer will pay the Price of the purchased Products (including shipping charge) and will store a copy of the purchase confirmation sent by UpCommerce to the e-mail address given by Customer during the registration.
• The Customer shall read these General Terms and Condition online before completing the order. By completing a purchase you hereby acknowledge and agree that you have read and agrees the present General Terms and Conditions of Purchase.

Art. 6 PRICES AND PAYMENTS
• Prices are expressed in Pounds and include the Value Added Tax
• The delivery fee is included In the final price of the order.
• Products can be paid with Credit Card or Cash on Delivery ( Italy only). Accepted Credit Cards : Visa, Visa Electron, Mastercard, Bankpass, Postepay.
For further information the Customer shall see the section “Payments” on the Website.
• In the event of payment by credit card, the debit to the bank account of the Client will automatically be paid at the time of the Purchase Proposal, and the Order will be considered effective only upon approval by the bank centres.
• The Website does not store the customer’s bank details in order to assure the security of same. The customer is invited to record and print the data relating to the payment if he/she wants to save the details of the bank transaction.
• In the event of payment by credit card further checks may be necessary. In this case the goods will be despatched once the control gives a positive result

Art. 7 SELLER LIABILITIES
• Gio'Style is not responsible for delays in carrying out duties, according to the Agreement, if this delay has been caused by a force majeure.
• Gio'Style is not responsible for any potential fraudulent and illegal use of credit cards upon the payment of the purchased products by a third party. Gio'Style Store, as indicate in the paragraph 6.4 above, is never able to know the credit card number of the Customer or rather the 16 numbers identification code,. This code is transmitted directly to the bank management services through the opening of a protected connection.

Art. 8 COPYRIGHT AND BRANDS
• Brands, logos and any other distinguishing marks that are in the Site belong to their respective owners.
• The use of brands, logos and any other distinguishing mark (including reproduction on other websites) is forbidden unless expressly stated otherwise.
• The materials displayed on the website (text, graphics, animations and images) are protected by copyright .

Art. 9 RETURN AND REFUND POLICY
• The purchase of Products via the Internet Is regulated by Distance Selling Regulations (n. 206 – 06/09/2005). The aim of the law is the right to cancel, or rather the possibility for the Customer to return the item purchased and obtain the refund of the expenses incurred.
• In accordance with the Law, the Customer can make use of the right of return, within 15 (fifthtenn) days from the date of receipt of Products, by filling in the “return and refund” form available on the Web Site.
• The right to return and refund can be exercised only by natural persons who purchased goods with purposes others than their professional activities.
• To exercise the right to return and refund it is required to ship the item back to the address indicated by Gio'Style Store.
• The right to return and refund has not validity when the Product returned is damaged, or if it has been used also partially, in case of lack of components of the product (e. g.: accessories, manuals,…) or of the original packaging, lack of labels. Gio'Style Store will accept goods reserving the right to verify that products are undamaged and with their original packaging.
• The customer is responsible for the payment of the shipping fees
• The refund of the purchase will take place within 30 (thirty) days from the receipt of the goods, upon verification that the item is undamaged.
• The refund does not include shipping and return fees.
• The right to cancel and therefore the refund cannot be exercised on Customized Products.

Art. 10 EXCHANGE
• If the Product purchased arrives damaged, or in case of receiving a different product, the Customer, within 10 (ten) days from the receipt of the goods, may begin the “Return and Exchange” procedure by filling out the form.
• The Customer must send the purchased product with the original packaging to the address indicated by Gio'Style Store in the specified form. Shipping fees are at customer’s expenses.
• Gio'Style Store reserves the right to accept the customer’s request verifying, when Products are received, the motivations indicated in the form.
• In case of acceptance of request, Gio'Style Store, will replace the Product and send it at its own expenses.

Art. 11 LEGAL WARRANTY OF PRODUCT CONFORMITY
• Every Product sold on this Site to a purchaser is guaranteed under the terms Article 128 and following of Legislative Decree. No. 206/2005. Therefore, the seller is liable to the consumer for any lack of conformity which may exist at the time of delivery of the product that becomes apparent within two (2) years from the date of effective delivery. The lack of conformity must be reported to Seller, under penalty of forfeiture of the warranty, within two (2) months from the date that it is discovered.
• The product purchased lacks conformity when it:
a) Is not suitable for the purposes for which goods of the same type are normally used;
b) Does not comply with the description given by the seller and possess the qualities of the articles presented by the seller to the consumer as a sample or model;
c) Does not have the quality and offer the performance normally found in articles of the same type and which the consumer can reasonably expect, taking into account the statements made in advertising or on the labels;
d) Is not suitable for the specific use for which the consumer requires them and which was made known to the seller at the time the contract was signed and which the seller has accepted, also implicitly.
• Unless proven otherwise, it is assumed that any lack of conformity which becomes apparent within six (6) months from the date of delivery already existed as of that date, unless this assumption is incompatible with the nature of the product or the nature of the defect. Beginning the seventh month following the delivery date, the Customer will be responsible for proving that the lack of conformity existed at the time of delivery of the same.
• Any products that have been repaired, changed or altered in any way by the Customer shall likewise be excluded from the legal guarantee of conformity.
• In the event that any defect is duly reported under the terms referred to in paragraph 11.2 above, the consumer has the right:
a) firstly: to the repair or replacement of the Product free of charge, at his/her option, unless the remedy requested is impossible or disproportionate to the other for the seller and therefore in the specific case at hand considering the type of sale, replacement of the article, when this is possible in view of the number of items still available for sale;
b) secondly, to the reduction of the price or termination of the contract, at his/her option. This, however, i.e. in cases in which repair or replacement are impossible or excessively expensive or the repair or replacement were not made within a reasonable time or the repair or replacement previously may have caused great inconvenience to the Consumer.
• The remedy sought is unduly burdensome to the Seller if it imposes unreasonable costs compared to alternative remedies that can be exercised, taking into account (I) the value that the product would have if there were no lack of conformity; (Ii) the extent of the lack of conformity; (Iii) whether the alternative remedy could be completed without significant inconvenience to the consumer.
• In no event shall the Seller be liable or failure to comply with any of its obligations under these Terms and Conditions in the event that the failure is caused by accident and/or force majeure.

Art. 12 CONTRACT TERMINATION AND EXPRESS TERMINATION CLAUSE
• Gio'Style Store has the right terminate the Contract by giving simple communication to the customer indicating the reason; In this case the Client shall only be entitled to the refund of the amount already paid.
• 2 It is excluded any right for the Customer to be compensated for the damage, as well as any contractual or extra contractual responsibility for direct or indirect damages to persons and/or things, caused by non-acceptance, even partial, of an Order.

Art. 13 PRIVACY
The data provided by the Customer required to execute the Contract are treated pursuant to articles 13 and 14 of EU Regulation 2016/679 of “Protection of the personal data”. For any other information see the “PRIVACY” section on the Website.

Art. 14 LANGUAGE
The Sale Agreement is written in different languages: Italian and German In case of discrepancy in the translation, the Italian version will prevail.

Art. 15 COURT’S JURISDICTION
The Agreement will be governed by and construed in accordance with Italian laws.
For any dispute arising from this Agreement or related to it will be competent:
a) the Court of the place of residence or domicile of the ,Customer, if the Customer is a consumer under the current Consumer Code legislation;
b) exclusively by the Court of Milano, Italy, in any other case