Welcome to our App, Golden Goose Passport (hereinafter the “App”).
Please carefully read this Privacy Policy, which applies every time you access the App, irrespective of whether you purchase the products for sale on it.
Please remember that this Privacy Policy is governed by European Regulation No. 2016/679 (the “Regulation”). The Regulation guarantees personal data will be processed with respect for the basic freedom, rights and dignity of the data subject, with particular reference to confidentiality and personal identity.
1. Data Controller
Golden Goose S.p.A., with registered office in Via San Martino 17, Milan, Italy (“GGDB”) is the autonomous data controller for processing the personal data of users browsing the App, including browsing data, marketing and profiling data and data connected and related with sales made via the App and the relative pre-sale and after-sale activities. Please remember you may always exercise your rights (and also request a complete list of the appointed processors) by writing to the following e-mail address: privacy@goldengoosedeluxebrand.com.
2. Type and purpose of processing carried out on the App - Legal Basis for the Data Processing
The App collects and processes different types of personal data for different purposes and with different methods. More specifically:
(a) personal data concerning browsing, processed to enable the App to function correctly, and for marketing purposes. To this regard, please read our “Cookie Policy” on the App;
(b) personal data provided voluntarily by the user (e-mail address, telephone number, personal details, password provided by completing the registration form) or otherwise provided while using the App and/or by interacting with the customer care service made available by GGDB and processed to respond to user requests and to offer the services, support and information requested concerning the products and the world of GGDB. We wish to specify by registering with and accessing the App or your own customer account via your social profile, you will have to provide certain data (Name, Surname, e-mail and any other user data present on same social media and which will be listed before you confirm you wish to proceed with authentication via social media). This notification will be made only after you have explicitly confirmed you wish to proceed before logging in. In some cases, social media request feedback and information on the use of the log-in. For further information, please read the relevant privacy notice on your social media;
(c) personal data provided by the user during product purchasing processes on the App not only to complete transactions and sales activities, but also for all necessary pre-sale and after-sale assistance;
(d) personal data, details and contact data, processed by GGDB – with your express consent – for marketing purposes, in order to send the user (via traditional and electronic tools, e.g. newsletters, e-mails, SMSs, MMSs and Smart messages) information and updates on products, sales, promotional campaigns, events and other initiatives promoted by GGDB or by its commercial partners;
(e) personal data regarding purchases and any preferences expressed, processed by GGDB – with your express consent – in order to study consumption habits and choices, so as to bring the products, initiatives and individual commercial offers more into line with the tastes and needs of our customers;
(f) personal details and contact data communicated by GGDB – with your express consent – to third parties belonging to the Lifestyle and Fashion categories for their own marketing activities.
With the exception of browsing data, governed by the Cookie Policy, personal data is processed based on:
GGDB’s legitimate interest in providing the App services and responding to any customer requests, with reference to points (a) and (b).
Fulfilment of the sale contract and the obligation to meet pre- and post-contractual obligations, for all activities pursuant to point (c).
Any consent provided by the user for the purposes pursuant to point (b) – only as regards the Social Media Log-in – and points (d), (e) and (f).
3. Source of personal data
The personal data collected by GGDB are provided directly by the user (by registering on the App or during the sale process), with the exception of the browsing data pursuant to point 2 (a), data collected in case of registration and log-in via a social network profile pursuant to point 2 (b), and the sale data pursuant to point 2 (e).
4. Study of user consumption habits and choices
As specified in point 2 (e) above and with the user’s express consent, GGDB may process the user’s personal data in order to study consumption habits and choices, and bring GGDB’s products and initiatives more into line with the tastes and needs of its customers.
With the support of automated tools, GGDB will process data relating not only to the value and frequency of purchases, but also to the type of products purchased. Data concerning consumption and preferences may be collected not only by tracking purchases made on the App and in bricks-and-mortar GGDB stores, but also via the user’s interaction with GGDB and any information the user may voluntarily provide. The sole objective of this research is to offer products, services and initiatives to customers and users that increasingly meet their tastes and needs. To this regard, please note that research on user and customer behaviour will take place with methods, which do not invade your personal space. You may always ask for clarifications concerning the logics applied to this processing and the modification of the results obtained, by contacting GGDB using the contact information provided.
As specified in point 2 (a) above and with the user’s express consent, GGDB may also process the user’s personal data, using automated tools to study cookies in order to check App browsing and offer products and services in line with browsing activities.
5. Methods used by GGDB to process personal data
The personal data collected via the GGDB App is processed primarily with IT and electronic methods and instruments It adopts the security measures required to reduce to a minimum the risks of even accidental destruction or loss of the data, unauthorised access or processing, which is not permitted or is non-compliant with the purposes of collection specified in this Privacy Policy.
However, due to the nature of online transmission, such measures cannot limit or completely exclude all risk of unauthorised access or dissemination of the data. To that end, we advise you to periodically check your computer is equipped with adequate software to protect the online incoming and outgoing transmission of data (e.g. updated antivirus systems) and that your Internet service provider has adopted suitable measures to ensure the security of online data transmission (e.g. firewalls and anti-phishing filters).
6. Mandatory or optional nature of the provision of data
With the exception of browsing data (the provision and collection of which is governed by the “Cookie Policy”), the provision to GGDB of personal data, collected through the App to respond to user requests and queries and for marketing purposes, to study consumer habits and preferences and for communication to third parties, is free and optional. If you do not provide your data, your use of the App is not restricted. However, it may make it impossible for GGDB to respond to your requests for information and queries, or send you informational materials, updates, newsletters and invitations to GGDB events. You will need to provide your personal data, especially your personal details, e-mail addresses, mailing addresses, telephone numbers and bank details (in the case of payments with credit cards) to finalise your product purchase contract via the App. If you fail to provide these details, it could, therefore, be impossible to complete your purchase via the App.
Some of that data may also be indispensable for us to provide you with other services rendered on the App and correlated with sales (pre-sale and after-sale services, e.g. customisation services, etc.) or to fulfil obligations arising from laws or regulations (tax requirements and anti-money laundering regulations). Depending on the case, failure to indicate your data could, therefore, constitute legitimate, justified grounds for not executing the contract to purchase products in the Online Store and/or provide the related services. When necessary, the mandatory or optional nature of the communication of the data will be indicated on a case by case basis, with the (*) character appearing alongside information that is required for us to provide the services and to purchase products on the App. Failure to provide the personal data indicated as optional will entail no limitation or disadvantage for the user.
7. Categories of recipients of personal data
GGDB communicates the personal data of its App users only within the limits permitted by law and in line with what is specified below. In addition to what is mentioned in the preceding point 2b (i.e. to your Social Media log-in), your personal data may come to the attention of:
• GGDB employees and advisors, who will operate as authorised parties for the internal organisation of company activities;
• companies of the same Group, which will operate as appointed data processors, in order to carry out contractual activities and services and perform specific marketing activities (e.g. inviting the user to events, sending discounts, promotions, etc.); and
• companies which, as data processors, carry out specific technical and organisational services connected to the App (logistics services, IT services, customer care service and marketing services) for GGDB.
Your personal data may also come to the attention of:
• third parties, only to execute the product purchase contract on the App (e.g. the bank to complete remote, electronic payment services using a credit/debit card);
• the police forces or judicial authority, in compliance with the law and at the formal request of such parties, or if there are justified reasons to believe that the communication of such data is reasonably necessary to (1) investigate, prevent or take initiatives relating to suspected unlawful activities or support the State control and supervisory authorities; (2) defend against any complaint or accusation from third parties, or protect the security of the App and the company; or (3) exercise or protect the rights, property or security of GGDB, the companies of the same group, its affiliates, customers, employees or any other party.
Your data will not be distributed and will be transferred abroad only while guaranteeing adequate levels of protection and safeguards for the protection of such data, in compliance with regulations in force. The data centres used by GGDB to process the data collected are situated within the European Union. To enable data to be processed for contractual and marketing purposes by the companies of the same Group, the data will be transferred to the relative countries (including countries outside the EU). To this regard, GGDB has set out Standard Contractual Clauses with its subsidiaries with registered offices in countries outside the EU, in compliance with national and supranational regulations on the protection of personal data. The personal data may be transferred to IT service providers with registered offices and data centres located in countries outside the EU. Please note that, to this regard, GGDB has also established the necessary Standard Contractual Clauses with its suppliers in order to protect the personal data transferred (after first verifying the security of the measures used by the suppliers as duly appointed data processors).
8. Data retention period
Your personal data collected for sale purposes is stored for a period not exceeding 10 years from your purchase, in compliance with tax and civil legislation and without prejudice to particular requirements of defence in court that may require storage for a longer period of time. The data provided by the user to request support, information and responses are stored for the period of time required to provide the response requested and for any subsequent activity of additional communication with the customer, required to fully manage the request and/or issue.
The personal data provided for marketing and profiling purposes are stored for the necessary period based on the specific processing and for up to a maximum of 7 years, also on the basis of the particular business sector (luxury products) and considering the interest shown by the customer in receiving updates on products and events organised by GGDB. For information regarding the period of storage and persistence of the cookies, please read our Cookie Policy.
9. Rights recognised to the user by the privacy law
Users always have the right to obtain the following from GGDB:
(i) Confirmation as to whether or not personal data concerning them is being processed, even if not yet recorded, and its communication in an intelligible form
(ii) Information concerning the origin of their personal data, the purposes and methods of processing, the logic applied in the case of processing performed with the support of electronic instruments, the details of the data controller and data processors, an indication of the subjects and categories of subjects to whom the personal data may be reported or who may be informed thereof in their capacity as data processors or in any event parties authorised to process the data;
(iii) The updating, rectification or, where interested, the integration of the personal data;
(iv) The erasure, the transformation into anonymous form or the blocking of personal data processed against the law, including data for which storage is not necessary for the aims, for which the data was collected or subsequently processed. It also includes certification of the fact that those to whom the data was communicated have been made aware of the aforementioned operations, except for the case in which such action is impossible or implies use of means that are clearly disproportionate with respect to the protected right;
(v) The portability of their own data;
(vi) The restriction of the processing of their personal data.
Users also have the right to object on legitimate grounds to all or part of the processing of personal data concerning them, even though it is relevant to the purpose of the collection, and to revoke consent provided previously. The right to objection and the revocation of consent may also be exercised specifically, with respect to one or more methods of sending marketing communications.
The rights listed above may be exercised by contacting GGDB, by writing to privacy@goldengoosedeluxebrand.com
Lastly, please remember that users always have the right to make a complaint to the Supervisory Authority (Autorità Garante per la protezione dei dati personali – Italian Regulatory Authority for the Protection of Personal Data).
We have set out below the complete Information on Cookies installed on the App, Golden Goose Passport (hereinafter also referred to as the "App").
WHAT ARE COOKIES
A cookie is a small data file which is sent to your browser from a web server in the form of a unique, anonymous code, and then stored on the hard disk of your computer, Smartphone and/or tablet. Cookies can allow the correct use of an App (so-called technical cookies), or they can be used to check the User’s preferences during online navigation, in order to propose advertising messages (profiling cookies).
Cookies can be stored permanently on the device for a variable period of time (permanent cookies) or they may be deleted when browser is closed or they may last for a limited period (session cookies).
WHICH COOKIES ARE USED ON THIS APP AND WHY
The App uses the following cookies:
TYPES OF COOKIES AND THEIR FUNCTIONS
Navigation Cookies
These cookies allow the App to function correctly, making it possible to view its contents in the relevant language and market from the User’s first visit. They are able to recognise the country from which you are making the connection and ensure you are automatically redirected to the version of the App applicable for your country on each visit. They also make it possible to create an account, to log in and manage orders. If you are a registered User, the App will recognise you when you access the services offered to registered users as a result of the cookies. These cookies are able to tell whether you purchase products on the App via an affiliated or partner app, and enable us to fulfil our obligations to our partner apps. These cookies are needed for the App to function.
Functional Cookies
These cookies enable the App to recognise you every time you visit, so you do not have to enter your access data every time.
If you have added items to your Shopping Bag and the session closes before you complete your purchase, these cookies enable you to continue with your purchases on your next visit to the App (within a limited period of time) with your Shopping Bag as you left it. These cookies are not necessary for the App to function. However, they improve your browsing quality and experience.
Analytical Cookies
These cookies are used (e.g. Google Analytics) to create statistical analyses on how users browse the App (the device used, the number of pages visited or the number of clicks on a particular page while browsing).
Profiling Cookies
The App uses profiling cookies to identify visitors’ preferences and create profiles to allow messages tailor-made to the visitors’ preferences and interests to be displayed, e.g. making it quicker to view the products you are looking for or to show you the closest match to those products.
Marketing/retargeting third-party cookies
These cookies are used by third-party companies, making it possible to view advertising banners on other affiliated websites, showing the last products that have been looked at. These cookies are also used while you are browsing the App to identify products, which might be of interest or which are similar to those you have looked at previously, based on your browsing history.
THE FOLLOWING TABLE EXPLAINS THE CHARACTERISTICS OF THE COOKIES USED ON THE APP.
| Cookie | Type | Owner/ Third party |
Duration |
|---|---|---|---|
| Google Analytic | Analytics | Third party | 1 year |
| _gat | |||
| _ga | |||
| Further information | |||
| Tweet button | Sharing | Third party | 1 year |
| Further information | |||
| Sharing | Third party | 1 year | |
| Further information |
LEGAL BASIS FOR THE USE OF COOKIES
When you access any page on the App, you will see a banner displaying a short message. If you close the banner or continue to browse by visiting other areas on the App or by selecting an element on the area (e.g. an image or link), you are providing your consent to the use of profiling, non-anonymous analytical and third-party cookies. Consent to the use of cookies is recorded by a “technical cookie”. Consent is not required for the use of technical and functional cookies (including anonymous, analytical cookies). They are processed on the basis of the owner’s legitimate interest to provide improved browsing and use of the App.
YOUR RIGHT TO OPPOSE OR REFUSE COOKIES
For information on, and the procedures for disabling third-party cookies, you can click on the links contained in the column “Further information” in the table containing the list of cookies set out above.
You can oppose the storage of cookies on your hard disk by configuring your browser in such a way as to deactivate cookies. We have set out below the procedures available in the main browsers:
However, after completing the above operation a number of the web page functions may not work correctly.
For more information on cookies and to manage your preferences regarding third-party profiling cookies, please visit http://www.youronlinechoices.com. Once you are on the App, if you enter the “Your Ad Choices” area, you can view a list of the third party companies, our partners, which install cookies on our App (Company), check the presence and activity status of the cookies installed (Status) and manage your consent on a selective basis (On/Off). If you expand the “Info” heading for each company, this will take you to further information on the company concerned and provide a link to the company’s privacy policy and cookie information.
DATA CONTROLLER
The data controller is the company Golden Goose S.p.A. in Via San Martino 17, 20122, Milan (MI), ITALY. For information on privacy, please write to privacy@goldengoosedeluxebrand.com.
WHO WILL OBTAIN KNOWLEDGE OF THE DATA, ITS TRANSFER AND DISCLOSURE
The data acquired by cookies will and may come to the knowledge of the following:
Employees and collaborators of the data controller and companies in its group acting as authorised data processors, and,
Suppliers of technical and organisational services acting as data processors.
We may transfer the data acquired by the use of cookies abroad, including countries outside the EU, with the guarantee, nonetheless, of appropriate protections and defences (Standard Contractual Clauses). To obtain information on the exact location of the data, please write to the data controller at privacy@goldengoosedeluxebrand.com.
Your data will not be disclosed in any way.
USERS’ RIGHTS
Users may request and obtain access to their data at any time, and ask for it to be corrected and updated. They may request the erasure, transformation into anonymous form, portability or limits on processing. They may also oppose the processing of their personal data at any time and revoke consent given previously.
Users may enforce their rights, in addition to the use of the means described above, by sending a written communication to the offices of the Data Controller indicated above or by sending an e-mail to privacy@goldengoosedeluxebrand.com.
We would also remind you that you can always make a claim to the Supervisory Authority (Autorità Garante per la Protezione dei Dati Personali – Italian Supervisory Authority for Personal Data Protection)
1. Scope of Application
1.1. These General Conditions of Online Sale ("General Conditions") will apply to all sales contracts concluded between Golden Goose S.p.A., with its registered office in Via San Martino 17, Milan (Italy) (the "Company"), and the User acting, pursuant to Article 3 of Italian Legislative Decree 206/2005 (the "Consumer Code") as consumer, i.e., as a natural person acting for purposes not constituting business, commercial, artisan or professional activities (the "User") on the basis of the orders submitted electronically via the Website www.goldengoose.com (the "Website") or via the App, Golden Goose Passport (the "App"), (hereinafter referred to jointly as the "Platforms").
1.2. The User declares that he or she accepts these General Terms and Conditions when purchasing a product on the Website and/or App. The User undertakes to comply with these General Terms and Conditions. The User will not be able to purchase products via the Website and/or App if he/she fails to accept these General Terms and Conditions.
2. Amendments to the General Terms and Conditions
2.1. The Company reserves the right to amend these General Terms and Conditions at any time, when such amendments are required to comply with legal provisions, to adapt the General Terms and Conditions to the Company’s sales models or for technical reasons. The updated version of the General Terms and Conditions will be published from time to time on the Website. In any case, the version of the General Terms and Conditions applied to each purchase will be the one in force at the moment of the submission of the purchase order.
3. Account creation
3.1. In order to purchase the products on the Platforms, the User must (i) create a new account on the Platform on which he/she intends to make a purchase, (ii) access that Platform using his or her own authentication credentials already obtained after creating an account in his or her name on the Platform.
3.2. To create a new account on one or both Platforms, the User must (i) complete the registration form fields correctly, entering all the data requested (including, but not limited to: name, surname, e-mail address, telephone number and password), (ii) confirm that he or she has read the privacy policy on his/her chosen Platform, and provide possible additional consent and (iii) confirm registration.
3.3. In order to create the account on each Platform, the User must choose a password he or she is required to keep secret, as further described in the Terms and Conditions for Use of the Website and/or the App. The User’s username will be the e-mail address indicated during registration.
3.4. Following registration on the Platform, the User will receive an e-mail confirming the registration sent to the address indicated during the registration process.
3.5. The User can then choose a payment method from those indicated in Article 8.1 below, and transmitting his or her purchase order electronically to the Company.
3.6. The User may delete his or her account at any time by sending an e-mail to the Company at the address indicated in Article 14 below. Upon receipt of said communication, any contractual relationship between the Company and the User will be deemed to have been terminated – except for any purchase orders sent prior to the deletion request – and the User’s username and password will be deleted.
4. Purchase as “Guest”
4.1. The User can purchase via each Platform as a guest without creating an account. In this case, the User will be required (i) to complete the fields in the specific login form on the Website, and enter all data requested (including, but not limited to: name, surname, invoicing and delivery address, e-mail address and telephone number), and (ii) to accept these General Terms and Conditions.
5. Completion of the purchase contract
5.1. The sending of a purchase order by means of each Platform will constitute a binding purchase offer for the selected products and, therefore, the completion of a purchase contract governed entirely by these General Terms and Conditions (the "Contract").
5.2. Once the purchase order has been sent, the Company will send the User an e-mail confirming receipt of the order containing the order number and the details of the order made (the "Receipt Confirmation"). It is, however, understood that the contract will be completed, subject to the Company’s express approval of the purchase order in an e-mail, in which the Company will confirm to the User that the order has been shipped ("Shipping Confirmation"). Therefore, the User hereby acknowledges that the Receipt Confirmation will not constitute acceptance of the purchase order and that the Contract will be deemed to have been completed on receipt by the User of the Shipping Confirmation, pursuant to Article 9.2 below.
5.3. Before confirming the purchase order, the User will be required to check the purchase order summary to ensure all data provided is correct. Any errors in the data entry may be corrected using the specific data editing functions on the Platforms. Should there be any errors of which the User becomes aware only after having signed the purchase order, he/she can correct them by contacting the Company as specified in the following Article 14.
5.4. The User shall retain the order number contained in the Receipt Confirmation in order to use the assistance service and for use in any other communication with the Company.
6. Product Availability
6.1. The User may only choose to purchase those products present in the catalogue published on the Platforms, and which are available at the time of the User’s purchase order. The selected products will be placed in the shopping bag, the contents of which may be cancelled or modified at any time until the purchase order is submitted.
6.2. The product catalogue is regularly updated by the Company, which does not, however, provide any guarantee of a product’s availability or of the availability of all sizes/versions of all products/colours displayed in the catalogue.
6.3. Each product is accompanied by a description of its main characteristics. The images and the colours shown in the description might not correspond precisely to the real version due to the settings of the computing systems or the device used by the User to view the Platforms As a consequence, the images published must be understood as indicative within normal tolerance limits.
6.4. The products on the Platforms will be available while stocks last. If the product selected is unavailable, even though it can be selected, the Company will promptly inform the User by e-mail sent to the address provided by the User. If the product is permanently unavailable, the Company will propose one or more alternative products to the User, without prejudice to the fact that, if the User does not wish to accept the proposal, he or she will be promptly refunded with any amount he or she may have already paid. If the User accepts the alternative proposal, by sending an e-mail to the address indicated in Article 14 below, the Contract will be completed when the User receives the Shipping Confirmation, pursuant to Article 5.2 above.
7. Product Prices
7.1. The sale prices are expressed in Euros and will be deemed to include VAT.
7.2. The sale prices applicable to the User will be those published online when the purchase order is submitted. Such prices may be subject to change without the need to provide advance notice. The User will be responsible for checking the final price prior to submitting the purchase order.
7.3. All prices of the products displayed on the Platforms are net of shipping costs, which will be borne by the User in their entirety. Such costs will vary in accordance with the shipping method selected and will be indicated separately in the summary of the purchase order and the Receipt Confirmation.
8. Payments, invoicing and refunds
8.1. The User can use the payment methods listed below:
8.1.1. Credit Card (Visa, MasterCard, American Express)
8.1.2. PayPal
8.1.3. Payment on delivery, but only where the product shipping address indicated by the User is in Italy.
8.2. The price must be paid (i) when the order is made in the case of payment by credit card or PayPal or (ii) when the product is delivered in the case of payment on delivery. Payment on delivery may only be made in cash or by means of a POS terminal.
8.3. The Company reserves the right not to accept a purchase order if the operator of the payment method used pursuant to Article 8.1. above refuses to authorise the payment.
8.4. With the exception of the case where the User has chosen to pay by payment on delivery, any refunds of the amounts paid to the Company by the User will be made using the same payment method used by the User for the purchase. Refunds will be processed within the times and in the manner provided for by the operators of such payment methods. If the User chooses to make payment on delivery, any refunds of the amount paid will be made by means of bank transfer to the bank account indicated by the User.
9. Delivery of Products
9.1. The products purchased on the Platforms will be delivered to the shipping address indicated by the User at the moment of registration with the Platform or of the purchase of the product by means of express courier.
9.2. At the time of product delivery by the Company to the express courier, the User will receive the Shipping Confirmation, which will include the tracking code to enable the shipping process to be monitored.
9.3. The Company undertakes to deliver the product within 30 (thirty) days from the Receipt Confirmation date.
9.4. Delivery will be deemed to have been made when the User or a third party authorised by the User, acquires physical availability of the products, proved by signing of the order receipt at the agreed shipping address.
9.5. On product delivery, the User will be required to check the packaging is intact and without signs of damage, tampering or alteration. If the User detects any signs of damage, tampering or alteration, he/she will be required to notify the courier immediately and refuse the product or accept it with a written reservation on the transport document. Furthermore, the User will also be required to inform the Company of the facts immediately, by contacting its customer service (the "Customer Service") as specified in Article 14 below.
9.6. In the event of the non-delivery of the products due to the User’s absence on each occasion for the number of attempts established in the courier’s delivery procedure, the courier will store the products at its warehouse until collection by the User and, in any event, until the expiry of the time limit indicated in the attempted delivery notice left with the User. If the products are not collected within such time limit, the courier will return them to the Company.
10. Declarations and guarantees of the User
10.1. The User hereby declares and guarantees as follows:
10.1.1. that he/she is legally able to enter into the Contract
10.1.2. that he/she is of legal age;
10.1.3. that the personal data and other information communicated to the Company when registering on each Platform or during the purchase of the product are correct, true and updated. The Company reserves the right to check the information provided at any time and by any means at its disposal, including by requesting the User for appropriate supporting documentation and, in the event of a breach of this Article 10.1.3, to close or suspend the User’s account;
10.1.4. that he/she will use the Platforms in compliance with any provision of the applicable law or regulations, and avoid using them directly and/or indirectly against the law and these General Terms and Conditions or that harms any third-party rights.
10.2. The User undertakes to hold the Company indemnified and harmless against any liability, action, cost, expense or claim, which may arise from the User’s breach of the declarations and guarantees set out in Article 10.1, without prejudice to the Company’s right to terminate the Contract with immediate effect, if the User breaches any of the declarations and guarantees, pursuant to Article 1456 of the Italian Civil Code.
11. Legal Warranty of Conformity
11.1. The products sold to the User via the Platforms are covered by the legal warranty of conformity according to Articles 128 et seq. of the Consumer Code ("Legal Warranty").
11.2. Without prejudice to the provisions of Article 6.3 above, the Company shall deliver products to the User, which comply with the Contract. The User hereby acknowledges and accepts that the so-called “distressed” effect characterising some of the Company’s products may not be considered as a defect of conformity.
11.3. The Company will be liable towards the User for any conformity defect existing at the time of product delivery, on condition that such conformity defect becomes manifest within 2 (two) years from the product delivery. The User will lose his/her rights under the Legal Warranty, if he/she fails to report the conformity defect to the Company within 2 (two) months from the date of discovery of the defect, by contacting Customer Service by e-mail at the address indicated in Article 14. This report must be sent on the form available at the foot of these General Terms and Conditions. It must contain an accurate, complete description of the alleged defects or faults and photographs of the product highlighting the conformity defect reported. Customer Service will reply immediately to the User’s communication, sending a further form to be completed and providing instructions for the possible return of the product.
11.4. The return of the product will be at the Company’s expense if, based on the conformity defect report and the photographic documentation received, Customer Service considers the reported defect exists. However, if following an analysis of the photographic documentation Customer Service , does not deem the User’s report to be valid, the User will be free to send the product to the Company at his/ her own expense for the sole purpose of submitting it to a physical analysis by the Company. The User shall attach to the product for which he/she wishes to enforce the Legal Warranty, the duly completed form received from Customer Service following the report of the defect, together with the payment receipt or any other document reasonably requested by the Company.
11.5. The User will have the discretionary power to request the Company either to repair the product or to replace it without having to pay for any expense, save where the remedy chosen is objectively impossible or excessively onerous compared to the other product.
11.6. The User may request, at his/her discretion, an appropriate reduction of the price or the termination of the Contract if one of the following conditions applies: (i) repair or replacement is impossible or excessively onerous, (ii) the Company has failed to repair or replace the product within an appropriate time limit, (iii) the previous replacement or repair has resulted in significant inconvenience for the User.
11.7. Where, having collected/received the product, the Company establishes that the conformity defect reported actually exists, any expenses in terms of transport, repair or replacement of the product will be borne by the Company or, if transport costs were paid by the User pursuant to Article 11.4 above, they will be refunded by the Company. On the contrary, where the Company establishes that the conformity defect does not exist or the conditions for the application of the Legal Warranty are not satisfied, the Legal Warranty will not apply and all transport costs – whether incurred by the User in sending the product to the Company or vice versa – will be borne by the User. In such circumstances, the Company will inform the User to such effect and the product will be returned to the shipping address indicated by the User. In all cases of failed delivery of the product to the User or to a third party authorised by the latter, the product will be held in storage for 15 days or for a longer time limit as indicated in the notice of failed delivery left with the User. If the time limit expires without the User having collected the product, the Company will have the right to charge the storage costs to the User and dispose of the product as it thinks fit.
11.8. The User hereby acknowledges and accepts that any faults or damage caused by accidents, due to the User’s fault , by not using the product for its intended use, or due to normal wear and tear, will not be covered by the Legal Warranty.
12. Right of withdrawal
12.1. The User will have the right to withdraw from the contract within 14 (fourteen) days without being required to indicate the reasons. The withdrawal period expires after 14 (fourteen) days from the date when the User or a third party designated by the latter, other than the carrier, obtains physical possession of the purchased product. If the User has purchased more than one product with the same order, the withdrawal period expires after 14 (fourteen) days from the date on which the User, or a third party designated by the latter, other than the carrier, obtains physical possession of the last of the products purchased.
12.2. To exercise the right of withdrawal, the User is required to clearly state his/ her intention to do so, by informing the Company to such effect. The User can complete the Withdrawal Form at the foot of these General Terms and Conditions, and send to Customer Service by e-mail using the address indicated in Article 14.
12.3. To comply with the withdrawal time limit, the User is only required to send the communication relating to the exercise of the right of withdrawal prior to the expiry of the withdrawal period set out under Article 12.1. Once the Company has received the above, it will send the User a receipt confirmation via e-mail without delay together with a return label, required to return the products to the Company correctly.
12.4. In the event of withdrawal, the Company will refund the User the price of the returned products in full, plus the initial shipping costs relating to the latter, with the exception of any supplementary costs arising from any choice by the User of a specific type of delivery other than the least expensive type offered by the Company. However, the User will bear the shipping costs for the return of the product.
12.5. In the event the User exercises the right of withdrawal, he/she will be required to return the purchased products to the Company within 14 (fourteen) days from the date on which he or she communicates his/her decision to withdraw from the Contract. In order to return the product, the User may use the courier service chosen by the Company. In this event, the User will not be required to pay for the return costs directly, as the Company will pay them on the User’s behalf, and deduct them from the refund due to the latter. If the User decides to use this service, this must be indicated in the form referred to in Article 12.2, by which the Company is informed of his/ her intention to withdraw from the Contract. The User will then be required to contact the courier service directly to go ahead with the return. If the User chooses freely to use a different courier from the one indicated by the Company, he/ she will bear the related shipping costs.
12.6. The Company will refund the User the amounts indicated in Article 12.4 above without undue delay and, in any event, no later than 14 (fourteen) days from the date the Company receives the User’s notice of withdrawal. Nonetheless, the Company may suspend the refund, until it receives the returned products or until the User demonstrates that he or she has returned the products, depending on which of the above situations occurs first. The refund will be made using the same means of payment employed by the User for the initial transaction, unless the User paid by means of payment on delivery, in which case the refund will be made by bank transfer.
12.7. The User shall return the products without having used them, in perfect condition and without having removed the original labels. The product packaging must be treated with care in order to safeguard the original packaging from damage, without any writing or labels affixed. If such conditions are not met, the Company will return the products to the User at the latter’s expense.
12.8. In order to return the products to the Company, the User shall print the withdrawal form previously completed and sent to Customer Service, affixing the return label, pursuant to Article 12.3 above. The form must be included inside the product packaging, in order to ensure that the return to the Company is successfully completed. If the User has any doubts about the procedure to be followed, he/ she may contact Customer Service at the addresses indicated in Article 14 below to obtain all necessary clarification.
13. Personal Data Protection
13.1. The Company will process the User’s personal data for the purposes and following the procedures detailed in the Privacy Policy to be found on the App.
14. Communications
14.1. To receive assistance, make claims or to request information, the User can contact the Company at the following contacts: Customer Service +39 0223345330 or customercare@goldengoosedeluxebrand.com
15. Online Dispute Resolution
15.1. The User may use the platform set up by the European Commission for the resolution of disputes relating to online sales contracts ("ODR Platform"). The User and the Company may use the ODR Platform to resolve disputes relating to online purchases by means of the assistance of an impartial body. The ODR Platform can be accessed at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home.show.
16. Applicable Law and Competent Court
16.1. These General Terms and Conditions are governed in their entirety by Italian law. In Italy, the competent Court in the location where the consumer has his/ her residence or domicile, shall have exclusive jurisdiction for the adjudication of any dispute arising between the Parties regarding the validity, interpretation, performance or termination of these General Terms Conditions or of each Contract.
FORM TO EXERCISE THE RIGHT OF WITHDRAWAL
Should you, as the User, intend to exercise your right of withdrawal, please download, complete and send the Withdrawal Form by e-mail to our Customer Service to the address indicated in Article 14 above.
FORM TO EXERCISE THE LEGAL WARRANTY
If you, as the User, have received products which do not comply with the Contract, please complete and send the related form to our Customer Service via e-mail to the address indicated in Article 14 above. Photographs showing the products’ defects should be attached to the form.
Download the legal warranty form
1. Scope of Application
1.1. These General Conditions for the Use of the Site (hereinafter to be called the "Conditions") are intended to govern the use of the site www.goldengoose.com (hereinafter to be called the "Site") managed by Golden Goose S.p.A., by the user, whether as registered user or simple visitor (hereinafter to be called the "User").
1.2. The purposes of the Site are the provision of information and the conduct of electronic commerce. By accessing the Site and using the services present on it the User accepts these Conditions and undertakes to comply with them. If the User does not wish to accept these Conditions, he or she is asked to avoid using the Site.
1.3. We would ask you to read these Conditions with care prior to using the Site, as also other areas of the Site such as the information on the processing of personal data, the information on the use of cookies, the General Conditions of Sale and those concerned with withdrawal, possibly printing a copy of the same for future reference. The Company reserves the right to amend these Conditions at any time for reasons connected with the law, changes to the services offered or business requirements. As a consequence, the User is invited to check these Conditions on every visit to the Site including to check for possible updates or amendments.
2. Ownership of the Site
2.1. The Site is managed by Golden Goose S.p.A. with its Registered Office in Milan at Via San Martino 17.
3. Access to, registration with, and use of the Site
3.1. Users will be able to visit and register with the Site free of charge without prejudice to the fact that they will bear the cost of connection to the Internet used to gain access to the Site according to the charges, terms and conditions applied by their own operator.
3.2. Registration with the Site will lead to the creation of a personal account, including username and password of not less than eight characters, in compliance with the criteria for the creation of the password indicated from time to time on the Site.
3.3. The credentials for accessing the Site will be personal and non-transferrable and may not be shared with third parties.
3.4. Users will be responsible for all activities effected through their individual accounts. To such end, the User undertakes to adopt the appropriate precautions to ensure that his or her password remains secure and secret, undertaking to inform the Company immediately if there are reasons to believe that a third party knows his or her password, when such password has been, or is presumed to be about to be, used in an unauthorised manner or when it has been lost or stolen.
3.5. The User may not use his or her own account or the Site: 3.5.1. in such a way as to cause, or be capable of causing, interruptions in, damage to or the malfunctioning of, the same and the related functionality; and 3.5.2. for fraudulent purposes or in any case, to carry out unlawful actions.
3.6. In any case, the User will be obliged not to interfere with the functioning of the Site and, in particular, undertakes not to evade its security measures, tamper with them and in any case, not to prejudice the operation of the Site or of any computing system, servers, routers or any other IT device.
4. Site Services
4.1. The electronic commerce services offered on the Site are governed by the General Conditions of Sale.
4.2. While setting up an account or by making a request through the Site, Users will be able to benefit from the Newsletter service free of charge to be sent on a periodical basis by e-mail with editorial and commercial content, to the e-mail address indicated by the individual User. Users will be able to deactivate the newsletter service at any time by changing the related settings within their own personal area or by clicking on the link for the cancellation of the service to be found at the foot of each e-mail newsletter. For more detailed information please refer to the Information on the Processing of Personal Data.
4.3. Any prize events organized by the Company on the Site will be governed by the specific regulation published from time to time on the Site.
5. Industrial and Intellectual Property Rights
5.1. The Company (or its successors in title) is the owner and/or legitimate licensee of all industrial and intellectual property rights relating to the Site, all the contents and materials published on it (by way of non-exhaustive example, texts, catalogues, photographs, illustrations, images, technical drawings, video, audio, advertising texts, trademarks, domain names, drawings, designs including where not covered by patents and all other content and materials, hereinafter to be called the "Material").
5.2. The User will be authorised to download, view or print contents from the Site for purposes which are exclusively personal and of a non-commercial nature, in such a way as not to cause any prejudice to industrial and intellectual rights of the Company or possible third parties. In no circumstances may the contents of the Site be used for other purposes including, by way of non-exhaustive example, their distribution, modification, reproduction, transmission or dissemination, without the prior written consent of the Company. If the User uses the Site and/or the Material in breach of these Conditions, he or she may be invited by the Company to cease using the Site and to return or destroy the Material without prejudice to the Company’s right to take any other initiative for the protection of its damaged rights and to obtain compensation for any loss and damage suffered.
6. Guarantee
6.1. The Company does not guarantee that the Site or its contents will be continuously accessible.
6.2. The Company does not make any guarantee in relation to service failures resulting in delays or interruptions in the functioning of electronic communication services preventing access to, or use of, the Site.
6.3. The Company makes no guarantee with regard to the absence of viruses, malware or other elements making the Site and/or its contents dangerous. The User will be responsible for the implementation of procedures and checks capable of meeting security requirements and ensuring the reliability of incoming and outgoing data such as, for instance, the installation of an anti-virus application.
6.4. Without prejudice to the provisions of the General Conditions of Sale, it is hereby understood that some products may be presented next to images or graphical reproductions whose purpose is solely illustrative in nature.
6.5. All the above must obviously be understood as applicable where permitted within the maximum limits of the law.
7. Limits on Liability
7.1. Users will access and use the Site autonomously and at their sole risk. The Company hereby declines any liability with respect to any damage or prejudice suffered in any way by the User as a consequence of access and use of the Site and/or the download of any Material present on the same on any basis.
7.2. The Company will not accept any liability for any loss or damage deriving from the fact that the User has not stored his or her password securely or has not communicated the unauthorised use, loss or theft of such password to the Company pursuant to Article 3.4. above.
7.3. The Company reserves the right to suspend, eliminate, interrupt or modify the Site in whole or in part without advance notice. The Company will not be liable as against the User if the Site is not available for any reason or for any modification, suspension or final interruption of the same.
7.4. All the above will obviously be deemed applicable where permitted within the maximum limits of the law.
8. Connections to third party sites
8.1. The Site may contain hyperlink connections to web sites managed by third parties. The Company will not be liable for the contents of third-party sites made accessible through the Site. The inclusion by the Company of hyperlinks to such web-sites will not imply any acceptance by the Company of the materials published on the same or any other relationship between the Company and the managers of such sites.
9. Indemnity
9.1. The User accepts that he or she will hold the Company indemnified and harmless against any liability, damages or costs (including, without limitation, legal costs) incurred by the Company because of the following: (i) breach of these Conditions by the User, (ii) claims by third parties based on the use of the Site and/or the Material by the User, or (iii) information or materials sent, transmitted or loaded by the User through the Site or the account.
10. Protection of Personal Data
10.1. Any information relating to data of a personal nature sent electronically through the Site by the User will be processed in compliance with the applicable law concerned with personal data protection with particular reference to Legislative Decree 196/2003 as recently amended by Legislative Decree 101/2018 (The Personal Data Protection Code) and EU Regulation 2016/679 (the General Data Protection Regulation), and the Information on the Processing of Personal Data.
11. Applicable Law and Competent Court
11.1. The Site, as currently configured, has been designed to be used by Users located in Italy and the Company does not make any guarantee with respect to the fact that its contents comply with the requirements of the applicable law outside Italian territory.
11.2. These Conditions will be governed by Italian law and the Court with competence for the location where the User has his or her residence or domicile if within Italian territory will have exclusive competence for the adjudication of any dispute relating to the Site.