General Sale Conditions

1.1. These general conditions of sale (hereinafter, "General Conditions") govern all sales of Richard Ginori products (hereinafter, "Products" or "Product") concluded remotely on the Site www.richardginori1735.com (hereafter, the “Site”). 1.2. The distance selling service governed by the General Conditions is reserved exclusively for consumers (hereinafter, "Customers" or "Customer"); 'consumers' means natural persons, greater than 18 years (or the age of majority of the individual’s relevant country), that obtain Products for purposes unrelated to their business, business, craft or profession. 1.3. The language used for the conclusion of sales contracts through this site is English. 1.4. Customers are required to read carefully the General Conditions, available on the Site, in order to acknowledge, store and reproduce them. Richard Ginori (as defined below) will transmit a copy of the General Conditions to the Customer pursuant to the provisions of article 5.10 of the present General Conditions. Contracts concluded with Customers will be filed by Richard Ginori for the retention period required by current legislation.
2.1. The seller is Richard Ginori S.r.l., a company belonging to the Kering Group, with registered office in Viale Giulio Cesare No. 50, 50019 Sesto Fiorentino (Fi), Italy ("Richard Ginori").
3.1. The information relating to the Products, together with the Product codes and their price, are available on the Site. Richard Ginori reserves the right to make adjustments to the pricing and/or description or features of Products for reasons including, but not limited to, changing market conditions, Product discontinuation, material unavailability, changes to manufacturing processes, and errors in advertisement. 3.2. The Products available on the Site represent a selection of items normally available in stores; however, Richard Ginori does not guarantee the Customer that the Products available on the Site are also present in the stores. The graphic representation of the Products displayed on the Site have been portrayed as accurately as possible, however, the settings and specifications of the Customer’s viewing devise or display could affect the accuracy of the Products portrayed. The information included on the Site should not be relied upon or used as the sole basis for making decisions without consulting more accurate, more complete, or more timely sources of information. 3.3. Richard Ginori reserves the right to limit, at any time, the quantity and / or type of Products that can be purchased on the Site. The styles, models and colors of the Products described on the Site may be changed without notice. During the purchase process, if it is not possible to process the order due to the unavailability of the ordered Product, the Customer will be notified by an automatic message. 3.4. The Customer can insert in the order proposal, for each Product, a maximum of pieces corresponding to the number of pieces available on the site at the time of purchase. 3.5. Richard Ginori is in no case responsible for any errors deriving from the failure of the Customer to connect to the Site.
4.1. The price of the Products indicated on the Site is expressed in US Dollars and includes all taxes or duties, where applicable. Richard Ginori charges state, local and county taxes on online transactions, as required by applicable laws. The cost of delivery of 10,00 $ applies for each order below 50,00 $ and must be added to the price of the Products, and is indicated separately on the order form. 4.2. Richard Ginori regularly checks the accuracy of the prices indicated on the Site; nevertheless, the absence of errors can not be guaranteed. In the event that an error should occur in the indication of the price of a Product, Richard Ginori reserves the right to reject the order and offer the Customer the opportunity to purchase the Product at the correct price, regardless of whether the order has been confirmed or payment has been made. If the Customer’s credit card has already been charged for the purchase and the order is cancelled prior to delivery, Richard Ginori will issue a credit to Customer’s credit card.
5.1. The Site shows the essential details and the price of each Product. The information on the Site does not constitute an invitation to treat by Richard Ginori. 5.2. Before sending an order proposal via the Site, the Customer is obliged to carefully read all the instructions provided during the purchase process (including the delivery costs, the conditions for the return policy and the Privacy Policy) as well as these General Conditions. 5.3. To purchase a Product, the Customer must (i) insert the Product selected in the "Shopping Cart" by clicking on the appropriate button, (ii) fill in the order proposal, (iii) select the payment method, (iv) accept the General Conditions and (v) transmit the order proposal to Richard Ginori through the Site. 5.4. The transmission of the order proposal constitutes a purchase proposal related to the selected Product, governed by these General Conditions and binding for the Customer (without prejudice to the return policy provided for in article 10 below). The transmission of the order proposal by the Customer obligates the Customer to pay the price of the Product, or of the Products, ordered. 5.5. Before submitting the order proposal, the Customer may make any corrections / changes to the data entered by following the appropriate procedure indicated on the Site (by way of example and not exhaustively, the Customer has the right to change the quantity of Products he or she intends to purchase by adding or deleting one or more Products from the “Cart"). 5.6. Without prejudice to the use of personal data described in the Privacy Notice, the form with the order proposal and the Customer data relating to the order proposal may be retained by Richard Ginori for the period of time established by current legislation. 5.7. Prior to acceptance and confirmation of the order by Richard Ginori, Richard Ginori may, at its discretion, refuse an order proposal (in this case no amount will be due by the Customer to Richard Ginori, with the exception, possibly, of the sums indicated in the following article 6); the refusal can take place, among other things, the following cases: (i) in case of non-availability of the Products (without prejudice to the provisions of article 3.3 or 5.9); or (ii) in the event that there is an indication, or suspicion, of fraudulent or illegal activities, including the suspicion that purchases are made for commercial purposes; (iii) in case of non-compliance by the Customer with its obligations deriving from a previous contract with Richard Ginori. 5.8. The contract between Richard Ginori and the Customer is executed when the Customer receives confirmation from Richard Ginori of the acceptance of the order proposal submitted through the procedure provided on the Site. The acceptance (or refusal) by Richard Ginori of the order proposal will be sent to the Customer at the e-mail address indicated by the Customer in the order proposal ("Order Confirmation”). 5.9. In case of non-availability of one or more Products ordered, the Customer will be notified by e-mail. In case of partial acceptance, the customer service will cancel the order (automatically canceling the authorized amount on the card) and the customer will proceed to create a new order independently using the normal purchase procedure provided by the site. 5.10. The Order Confirmation will contain a summary of the essential characteristics of the Products purchased, a detailed indication of the price and payment methods, information on delivery costs, on the conditions and methods for exercising the right of withdrawal (including information on the return policy), the indication of an address to which complaints may be filed, information on after-sales assistance services and on existing commercial guarantees and a copy of these Conditions General. 5.11. The risk of loss or damage to the Products is transferred to the Customer upon delivery to the destination specified by the Customer (F.O.B. Destination, freight prepaid and added).
6.1. The Customer can make the payment of the fee related to the Products contained in the order proposal and shipping costs when due by credit card, PayPal. 6.2. Richard Ginori accepts payments made using the following credit cards: - Visa - MasterCard - Discover – Maestro. 6.3. Customer's credit card transactions will be charged only after: (i) the credit card details have been verified; (ii) authorization to debit the credit card company used by the Customer has been received; (iii) the availability of the Product by Richard Ginori has been confirmed; and (iv) the order is ready to be shipped, unless the order includes made-to-order Product(s) designed or customized to the Customer’s specifications, in which case the transaction for such Product(s) shall be charged after steps (i)-(ii) above are complete. 6.4. No credit card will be charged at the time the order is submitted, subject to authorization request to verify the validity of the credit card. It is understood that, following the order fulfillment, this temporary charge will be canceled and replaced by the charge corresponding to the amount due by the Customer. The temporary charge will also be canceled if the order is canceled. 6.5 In the event that, for any reason, it is not possible to debit the amounts due from the Customer on the credit card, it will not be possible to execute the contract and the order will be cancelled.
7.1. Products will be delivered to the address specified by the Customer in the order proposal. In some circumstances and in its absolute discretion, Richard Ginori may require the signature of Customer (or a nominated adult representative) at the time of delivery. We do not deliver to PO boxes, APO/FPO addresses or to any address outside of the continental United States, Alaska, Hawaii. In addition, Richard Ginori cannot be held responsible for unanticipated delivery delays beyond Richard Ginori’s control. 7.2. For each order Richard Ginori will issue an order confirmation that will be sent to the customer by e-mail or sent together with the products in compliance with current legislation. The invoice is issued on the basis of the information provided by the Customer when ordering. Changes to the invoice are not possible after its issue. 7.3. Delivery costs of 10 $ are borne by Customer for each order below 50 $ and are indicated separately on the order form and invoice. 7.4. Customised products will be delivered within 15 working days from the date of the Order (except in cases of force majeure events or unforeseeable circumstances). Deliveries of non-customised Products will be made within 10 working days from the date of the Order (except in cases of force majeure events or unforeseeable circumstances). In case of failure to deliver within the aforementioned term, the Customer will grant, by communication to be sent to the following e-mail address: [email protected], a further term of 7 (seven) days (or a longer term if this is required by law or is deemed reasonable according to the circumstances) for the delivery of the Product concerned, provided that, in the event of failure to comply with the said additional term, the Customer’s remedies shall be limited exclusively to terminating the Contract and Richard Ginori will have to reimburse without delay all expenses incurred by virtue of this Contract. 7.5. The Customer (or his delegate) is required to check, at the time of delivery of the Products by the Courier that the number of packages delivered corresponds to that indicated on the delivery note and that the packaging and its seals are intact, undamaged, not wet or altered in any way. Any damage to the packaging and / or the Product or the mismatch in the number of packages or indications must be immediately notified in writing on the delivery note of the Courier. Except to the extent permitted under applicable laws, once the Courier's document has been signed without the Customer having raised any exceptions, the Customer may not make any objection about the exterior characteristics of the package delivered; it is understood that the Customer may raise objections even later as provided for by the following article 12, where such disputes are related to other profiles. 7.6 All orders are processed Monday through Friday, excluding Saturday, Sunday and holidays. To estimate the total delivery time for a purchase, please allow up to two business days from the order date to process the order for shipment, in addition to the time indicated by the Customer’s preferred shipping method.
8.1. Richard Ginori will send the Customer an e-mail of Shipping Confirmation as soon as the products will leave the warehouse.
9.1. The Products purchased online are delivered using the normal packaging used in Richard Ginori stores.
10.1. For online purchases, Richard Ginori will accept Products in their original condition for a refund of the full purchase price when accompanied by the original invoice. Full-priced Products must be returned to Richard Ginori c/o Fashion Logistics FASHION LOGISTICS 333 north street Teterboro, NJ 07608 USA within 30 days from the date of delivery to Customer. Products purchased online cannot be returned to outlet stores, department stores or wholesale distributors. 10.2. Any Product that has been damaged or altered will not be accepted. 10.3. The costs for returning the Product to Richard Ginori are charged to Richard Ginori. The Customer is solely responsible for any decrease in the value of the Product resulting from a handling of the Product other than what is necessary to ascertain its nature, characteristics and functioning: therefore, the Customer is obliged not to remove any labels applied to the Product. 10.4. Richard Ginori will refund the sum paid by the Customer, excluding delivery costs, without undue delay and in any case no later than 3 (three) weeks from the date on which Richard Ginori receives the Product. Such reimbursement will be made by Richard Ginori with the same payment methods used by the Customer for the initial transaction, unless otherwise agreed and expressly agreed between the parties and on condition that the Customer does not incur additional expenses against this repayment. 10.5. To the maximum extent permissible under applicable law, Richard Ginori reserves the right to refuse return of any Product that does not meet the above return requirements in Richard Ginori’s sole discretion. 10.6. The Products purchased on the Site can be returned, within the deadline specified in Article 10.1, also in the shops directly managed by Richard Ginori, with the exclusion of outlets, corners, franchises and duty free shops. No cash refunds are made at the Richard Ginori stores; reimbursement will be made according to the procedure set out in articles 10.3 and 10.4. 10.7. After the shipment of the Product, the order can no longer be canceled or modified. The return of the Products already shipped must be carried out in any case in accordance with the procedure provided for in this article 10. 10.8 Easy-to-follow return instructions are available on [provide link to the website]. Every effort will be made to ensure the prompt refund according to previous Article 10.4.
11.1. Without prejudice to the rights of the Customer as per articles 10 and 12 of these General Conditions, Richard Ginori will accept exchange of Products purchased on the Site in the following procedure: (i) upon receipt of the Product, the Customer must promptly contact Richard Ginori by e-mail sent to: [email protected]; (ii) the Customer must complete the form provided by customer service and for which it is intended to obtain the replacement, clearly indicating the code of the new Product that the Customer wishes to receive (the codes are shown as indicated on the Site); (iii) no later than 14 (fourteen) days from the date of delivery of the Product, the Customer is required to return the Product to Richard Ginori in its original condition, without removing any labels from the Product, together with the form indicated in the previous article 11.1 (ii). The delivery costs related to the return of the Product are charged to Richard Ginori; (iv) Richard Ginori will accept the replacement upon verification of the availability of the requested Product in substitution. 11.2. The replacement will be processed by Richard Ginori in the same manner used for each new order, and will therefore apply the same terms and conditions applied to the initial order of the Customer as provided by these General Conditions.
12.1. Should a product sold by Richard Ginori present a production defect and in any case for any presumed lack of conformity relating to Products sold by Richard Ginori, the Customer must contact the online assistance, by e-mail or by post, at the addresses indicated below: Richard Ginori Srl, Ecommerce Office Viale Giulio Cesare, 50 50019 Sesto Fiorentino FI, Italy [email protected] 12.2. In the event that the Customer requests, within the terms of this article 12, the repair or replacement of the Product due to a lack of conformity of the Product, the delivery costs related to the return to Richard Ginori of the Product to be repaired or replace, as well as all expenses related to the delivery to the Customer of the repaired or replaced Product, remain the responsibility of Richard Ginori.
13.1. Richard Ginori guarantees the authenticity of all the Products purchased on the Site. The "Richard Ginori" branded products are made of Italian materials, are packaged by Italian artisans, and are all rigorously and integrally MADE IN ITALY. 13.2. The "Richard Ginori" brand, as well as all the brands present on the Products, the relative accessories and / or packaging and the shape brands, whether or not they are registered, and, more generally, all the property rights intellectuals related to the Products are and remain the exclusive property of Richard Ginori Srl, a company belonging to the Kering Group.
14.1. These General Conditions and, consequently, the contracts concluded with the Customers, are governed by and must be interpreted in accordance with the laws of the State of New York without regard to its conflict of laws provisions or choice of law rules. The General Conditions shall not be subject to the United Nations Convention on Contracts for the International Sale of Goods. To the maximum extent permissible by law, any claim, dispute, or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including, but not limited to, statutory, common law, international tort and equitable claims) arising from or relating to the Products, the interpretation or application of these General Conditions or the breach, termination or validity thereof, and/or the relationships which result from these General Conditions (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto) (collectively, a "Claim") WILL BE RESOLVED, UPON THE ELECTION OF RICHARD GINORI, EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. Arbitration is a process established by law that allows parties to a transaction to agree to resolve their disputes by an independent arbitrator, rather than by a judge and jury. If arbitration is chosen, it will be conducted pursuant to the Rules of the American Arbitration Association. If arbitration is not chosen, the Claim shall be submitted to the exclusive jurisdiction of the state and federal courts in the State of New York, County of New York, Borough of Manhattan. If arbitration is chosen by Richard Ginori with respect to a Claim, neither Richard Ginori nor Customer will have the right to litigate that Claim in court or to have a jury trial on that Claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties involved. Further, to the maximum extent permitted by applicable law, Customer will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim. Notwithstanding any choice of law provision included in these General Conditions, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitration will take place exclusively in the State of New York, New York County, Borough of Manhattan. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). To the maximum extent permitted by applicable law, each party involved will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential. Notwithstanding anything to the contrary contained herein, all matters pertaining to the collection of amounts due to Richard Ginori for the sale of Products will be exclusively litigated in court rather than through arbitration. In the event of any Claim, the prevailing party shall be entitled to additionally recover reasonable legal expenses and costs, including attorney’s fees, from the other party. 14.2. The headings used in these General Conditions are for reference purposes only and do not have contractual or binding effect. 14.3. If any provision herein is held invalid or unenforceable for any reason, the remaining provisions of these General Conditions will not be affected. In such event, the invalid or unenforceable provision will be replaced by a provision that comes closest to the original intent of the invalid or unenforceable provision or will be modified to conform to the most expansive permissible reading under the law consistent with the intention of the invalid or unenforceable provision. 14.4. The terms and conditions set forth herein constitute the entire agreement and understanding between the Customer and Richard Ginori with respect to the subject matter set forth herein and supersede all prior or contemporaneous communications or proposals, whether written or oral, and supersede all contrary representations contained in the Site, including but not limited to any statements of policy or answers to frequently asked questions. 14.5. Richard Ginori’s waiver of any provision of these General Conditions, failure to insist on strict performance of any term herein or failure to take advantage of any of its rights with respect to these Terms of Sale will not operate to excuse performance or waive any such right to require strict performance at any future time.
15.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND UNLESS OTHERWISE EXPLICITLY INDICATED BY RICHARD GINORI, ALL PRODUCTS SOLD THROUGH THE SITE ARE SOLD "AS IS" WITH NO WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RICHARD GINORI AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL OTHER WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF TITLE, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF NONINFRINGEMENT, OR ANY WARRANTY RELATING TO THIRD PARTY SERVICES. Customer acknowledges that no employee of Richard Ginori or its affiliates is authorized to make any representation or warranty on behalf of Richard Ginori or any of its affiliates that is not in these General Conditions. Richard Ginori also makes no warranties to the Customer with regard to the applicability of all laws and regulations affecting, without limitation the manufacture, performance, sale, packaging and labelling of the Products which are in force within the Customer’s territory.
16.1. THE FOLLOWING LIMITATIONS OR EXCLUSIONS OF LIABILITY ARE VALID AND ENFORCEABLE IN THE STATE OF NEW JERSEY, USA, TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW; HOWEVER SOME OTHER JURISDICTIONS DO NOT ALLOW ALL OR PART OF THE FOLLOWING LIMITATIONS OR EXCLUSIONS OF LIABILITY AND, IF REQUIRED BY APPLICABLE LAW, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO THE CUSTOMER. 16.2. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH HEREIN, RICHARD GINORI AND ITS AFFILIATES OR AGENTS WILL NOT BE LIABLE FOR: (A) ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS, REVENUES OR SAVINGS, INCLUDING IN THE EVENT THAT RICHARD GINORI HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES OR IF SUCH DAMAGES ARE OTHERWISE FORESEEABLE, IN EACH CASE, WHETHER A CLAIM FOR ANY SUCH LIABILITY IS PREMISED UPON BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY; OR (B) ANY CLAIMS, DEMANDS OR ACTIONS AGAINST CUSTOMER BY ANY THIRD PARTY. 16.3. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, NOTHING IN THESE GENERAL CONDITIONS SHALL EXCLUDE OR LIMIT (I) RICHARD GINORI’S LIABILITY IN CASE OF DEATH OR PERSONAL INJURY RESULTING FROM RICHARD GINORI’S NEGLIGENCE; (II) RICHARD GINORI’S LIABILITY IN CASE OF FRAUD, FRAUDULENT MISREPRESENTATION OR GROSS NEGLIGENCE; AND/OR (III) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. 16.4. Richard Ginori will not be responsible for and no liability shall result to Richard Ginori or any of its affiliates for any delays in delivery or in performance which result from any circumstances beyond Richard Ginori’s reasonable control, including, but not limited to, Product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, embargo, acts of God or acts or laws of any government or agency. Any shipping dates or delivery dates represented by Richard Ginori are estimates only.
17.1. For further information and assistance on the Site or on how to purchase online, the Customer can contact Richard Ginori by mail, telephone or email, as set forth below: Richard Ginori Srl, E-commerce Office Via Giulio Cesare, 50 50019 Sesto Fiorentino - Florence - ITALY Tel. 055-420491 [email protected]
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