These General Conditions of Sale (hereinafter “General Conditions”) are drawn up in compliance with the legislative provisions of the Civil Code, Legislative Decree no. 70 of 09.04.2003 on information society services and electronic commerce and Legislative Decree no. 206 of 06.09.2005 (so-called Consumer Code), and, in particular, in Chapter I of title III of part III (articles from 45 to 67), and govern the offer and sale of products through the website https://www.thegalleryitaly.com (hereinafter the Site).
The Gallery Italy brand products marketed on the Site (hereinafter the Products, also in the singular declination) are sold by ibox SA, with a registered office in ROME (RM) CORSO TRIESTE 171 CAP 00198.
1) Scope of application
1.1 The General Conditions apply and govern all sales contracts concluded through the Site by ibox SA, as identified above, hereinafter “the Seller”.
1.2 The General Conditions may be modified at any time; each User, therefore, is required to consult the aforementioned before proceeding with any purchase.
1.3 In any case, the version of the General Conditions in force on the date of sending the purchase order will be applied to each sale.
1.4 The General Conditions apply regardless of the User’s nationality, provided that the delivery of the products must take place in one of the countries for which the Site provides the online sales service, as specified in point 2, and that said country corresponds to that of the country of registration of the User.
2) Shipping Countries
2.1 The purchase of Products through the Site is currently possible if the shipment must take place in the countries indicated at the following link.
2.2 The Seller reserves the right to expand or restrict the list of countries referred to in point 2.1.
2.3 Delivery is also foreseen in the territory of the Republic of San Marino and in the Vatican State;
3) Purchases on the site – restriction
3.1 The purchase of Products on the Site is reserved exclusively for individuals who act as consumers and who are over eighteen years old.
3.2 By consumer we mean the natural person who acts for purposes unrelated to any commercial, entrepreneurial, artisanal, and professional activity carried out.
3.3 The purchase made through the Site implies for the User full knowledge and acceptance, without reservations, of the General Conditions.
4) Information aimed at the conclusion of the contract
4.1 To purchase online, the User must fill in the appropriate form on the Site;
4.2 It is forbidden for the User to enter untruthful data, in whole or in part; the personal data and the e-mail communicated must, therefore, be personal and real, and not of third parties and/or fictional ones.
4.3 The User, by completing the login form, certifies, under his sole responsibility:
- the correctness and truthfulness of the data required to activate the service;
- to have completed the eighteenth year of age;
iii. to act as a consumer.
4.4 Once the form has been completed, the User must complete an order form in an electronic format prepared by the Seller and send it electronically, following the instructions indicated.
4.5 As required by law, before confirming the order, the Seller will make available to the User all the information referred to in art. 49 of the Consumer Code; the information relating to the right of withdrawal, in particular, is provided by means of the standard instructions on the right of withdrawal referred to in Annex I part A provided for by art. 1 paragraph 1 of Legislative Decree no.21 of 02.21.2014.
4.6 As required by art. 51 paragraph 3 of Legislative Decree no. 206/2005, the function provided for forwarding the order contains the specification “Order with obligation to pay”.
4.7 To complete each order, the User is required to confirm the economic transaction concerning the payment of the price of the Products included in the cart; to this end, at the end of the procedure for selecting the Products and confirming the User’s data, the Site redirects the latter to the page of the bank that manages the economic transaction.
4.8 Orders that do not register the corresponding economic transaction are automatically canceled.
4.9 Upon receipt of confirmation of the validity of the payment method indicated in the order and confirmation of the same, the Seller will send the User, by e-mail, to the e-mail address communicated during the login phase, a written confirmation of the order, as required by art. 51 paragraph 7 of the Legislative Decree no. 206/2005.
4.10 The offer of Products through the Site constitutes an offer to the public pursuant to art. 1336 of the Italian Civil Code; the compilation and correct sending of an order through the Site, therefore, implies acceptance of the aforementioned offer. The contract, therefore, is considered concluded when the Seller becomes aware of the User’s acceptance, formalized by means of the above order form.
4.11 The Seller, however, reserves the right not to accept the order in the event that the relative manager fails to authorize payment by credit card.
4.12 The User can, at any time, monitor the status of his order by contacting Customer Service through the appropriate section.
4.13 The User, in any case, is always required to keep the order number communicated to him by the Seller, as it must be indicated in any communication with the Seller.
4.14 The languages available to conclude a sales contract through the Site are Italian, English, and Russian.
4.15 The User undertakes, once the online purchase procedure has been completed, to provide for the conservation of the General Conditions which, moreover, he will have already viewed and accepted, as they are an obligatory step in the purchase procedure.
4.16 In the event of non-acceptance of the order, the Seller will promptly notify the User by e-mail.
5) Choice and availability of products
5.1 The Products offered for sale through the Site are mainly bags, shoes and accessories, branded The Gallery Italy, present in the catalog published on the Site at the time of the order by the User.
5.2 The Product catalog can be periodically updated by the Seller, who, therefore, does not provide any guarantee regarding the permanence of a product among those available online; in no case does the Seller guarantee the availability of all sizes/versions for each garment/color present in the catalog.
5.3 In the Product catalog, each product is accompanied by a descriptive card that illustrates its main characteristics; the images and colors of the Products present in the descriptive cards may, however, not correspond faithfully to the real ones, due to the settings of the information systems or devices used by the User to view the Site. The images published, therefore, must be understood as indicative and subject to normal tolerances of use.
5.4 If, even if selectable through the order form, the chosen product is not available, the Seller will promptly notify the User by e-mail, proposing the termination of the sales contract, and the consequent refund of the price, including any shipping costs, if applied if already paid.
6) Prices, purchase conditions, and payment methods
6.1 The sales prices are those published online at the time the order is completed and are inclusive of VAT if applicable based on the country of delivery of the Products; prices are expressed in euros.
6.2 The prices indicated in the online catalog may be subject to change without prior notice. It is therefore the User’s responsibility to ascertain the final price before submitting the purchase order.
6.3 The Seller also reserves the right to apply different sales prices depending on the country of delivery of the Products.
6.4 Payment for the Products can only be made in the following ways:
– credit card (Visa, Mastercard, American Express; Maestro);
– Cash on delivery (Italy only)
6.5 The sale price is charged when the order is shipped.
7) Delivery methods, expenses, and other charges
7.1 The Products are delivered, via affiliated couriers, directly to the User, to the shipping address specified by him during the order.
7.2 The Site allows you to request the delivery of the Products to an address other than that of the User, provided that this is included in the User’s country of residence indicated at login; in any case, it is the User’s responsibility to indicate all the references necessary for the success of the delivery (for example, if it is the address of a third party, specify the name on the doorbell/intercom to which the delivery is to be made).
7.3 It is not possible to collect the Products purchased through the Site directly from the Seller’s warehouse.
7.4 The costs and types of shipping provided may vary depending on the country and the shipping methods chosen by the User, as per the table available on the site.
7.5 These expenses and any additional costs are charged to the User. The relative amount will be expressly and separately indicated in the order summary before the User proceeds with the transmission of the same, as well as in the order confirmation e-mail referred to in the art. 4.
7.6 Upon delivery of the Products to the courier, the User will receive a confirmation communication from the Seller by e-mail, in which the name of the courier used and the details of the shipment will be expressly indicated.
7.7 The delivery times of the Products vary according to the countries of destination and the shipping methods were chosen.
7.8 In Italy, delivery is expected within three working days; in countries other than Italy delivery times vary according to the shipping method chosen from those possible, and are indicated in the table available on the site.
7.9 Not all shipping methods provided by couriers agreed with the Seller are available for all countries in which it is possible to purchase the Products online.
7.10 Both in Italy and abroad, the delivery procedure provides that, in the absence of the recipient at the time of the courier’s access, the person in charge will leave a notice, in order to subsequently complete the shipment, in which they will be indicated the contact details to contact to arrange the second delivery.
7.11 The User always has the possibility to check the status of his order by contacting Customer Service through the appropriate section.
7.12 The delivery of the Products is considered completed when the consumer, or a third party designated by him and other than the carrier, materially takes possession of the goods; from that moment, as required by law, the risk of loss or damage to the Products, for reasons not attributable to the Seller, is transferred to the User.
7.13 If the ordered Products require crossing customs (based on the country of destination) and the Customer decides not to receive the order once it has arrived at customs, Ibox SA will not grant a refund for the goods which will be abandoned on the spot.
8) User obligations upon delivery
8.1 The User acknowledges that the withdrawal of the Products represents an obligation deriving from the sales contract concluded with the Seller.
8.2 In case of non-delivery due to the absence of the recipient during the attempts provided for by the procedure applied by the courier, the package will remain in storage.
8.3 If, within the terms indicated by the courier in the notice left to the User, the package is not collected, it will be returned to the Seller.
8.4. In the case referred to in point 8.3, the contract must be considered terminated by law pursuant to art. 1456 cc, with simple communication from the Seller sent by e-mail to the User, and, therefore, the order for all purposes will be canceled. Within 15 days of the aforementioned communication, the Seller will then proceed with the reimbursement of the total amount paid by the User for the Products, less the costs of unsuccessful shipping, the costs of returning the Products to the Seller, and any other expense that the Seller has incurred due to the non-delivery depends on the absence of inertia of the User in fulfilling the obligation to receive the delivery.
8.5 The refund due pursuant to Article 8.4 will be credited to the same payment method used by the User.
8.6 After the communication referred to in point 8.4, the User who intends to request the delivery of the Products must necessarily proceed with a new order.
8.7. The Seller reserves the right to refuse orders from Users against whom the Seller has previously asserted the express termination clause referred to in point 8.4. for non-fulfillment of the obligation to receive delivery of the Products.
8.8 Upon receipt of the Products, the Customer is required to verify the conformity of the same in relation to the order, paying attention, in particular, to that:
– the number of packages indicated on the carrier’s letter corresponds to the number of packages actually delivered;
– the package is intact and not damaged or tampered with.
Any anomalies (such as for example, tampering, or damage to the packaging) must be specifically indicated in writing directly on the courier’s transport document, and the User must refuse delivery. At the same time, the User will be required to report the fact to the Seller’s Customer Service, through the appropriate section.
8.9 The User is therefore invited to sign the transport document only after the checks referred to in Article 8.8.
8.10 If the User does not proceed in accordance with the preceding points, and therefore accepts the delivery of the Products even in the case of damaged or tampered packaging, the User will forfeit the legal guarantee of conformity of the Products.
9) Right of withdrawal
9.1 The User, as a consumer, has the right to withdraw from the contract for the sale of the Products, as established by art. 52 of Legislative Decree 206/2005 (Consumer Code), without having to provide any explanation and without penalty.
9.2 The User may exercise the withdrawal within 14 days from the moment in which the User, or a third party other than the carrier and designated by the User, acquires physical possession of the Products.
9.3 In the case of multiple goods ordered with a single order and delivered separately, the term is referred to in art. 9.2 will start from the day on which the User, or a third party other than the carrier and designated by the User, acquires physical possession of the last good.
9.4 In the case of delivery of an asset consisting of multiple lots or pieces, the term is referred to in art. 9.2 will start from the day on which the User, or a third party other than the carrier and designated by the User, acquires physical possession of the last lot or piece.
9.5 Before the expiry of the term pursuant to art. 9.1, the User will inform the Seller of his decision to exercise the right of withdrawal from the contract. To this end, the User may:
- i) use the model withdrawal form, prepared in accordance with Annex I part B to the Consumer Code, which was made available to him before the conclusion of the contract, as required by art. 49 paragraph 1 letter h) of the aforementioned Code, or to submit to the Seller any other explicit declaration of his decision to withdraw from the contract and to send the aforementioned by means of AR, or by fax or by e-mail, to the addresses already indicated in the standard instructions on the right of withdrawal received prior to the order.
- ii) fill in and electronically send the withdrawal form or any other declaration on the Site by accessing the following link ;
if the User chooses this option, the Seller will immediately send him a confirmation of receipt of the withdrawal on a durable medium (for example by e-mail), as required by art. 54 paragraph 3 of the Consumer Code.
9.6 The withdrawal deadline will be considered respected by sending the withdrawal notice before the withdrawal period has expired, as determined above.
9.7 In the notice of withdrawal, the User must specify the Products for which he intends to exercise the withdrawal.
9.8 Upon receipt of the notice of withdrawal, if timely, the Seller will refund the User the total price of the products, excluding delivery costs, without delay, and in any case within 14 working days from the date on which the Seller receives the goods in its warehouses; the refund will be made using the same payment method used by the User for the sale in relation to which the withdrawal was exercised.
9.9 The Seller will have the right to withhold the refund until it has received the Products or until the User has demonstrated that he has returned the goods, depending on which situation occurs first.
9.10 The User, once the withdrawal has been exercised, must return the Products, without undue delay and in any case within 14 days from the date on which he communicated to the Seller his decision to withdraw from the contract, by sending the aforementioned to the following address, already indicated in the standard Instructions on the right of withdrawal referred to in Annex I part A provided for by art. 1 paragraph 1 of Legislative Decree no.21 of 02.21.2014: ibox SA c / o In-Out, Via di Camino 47/49 – 59021 Loc. La Briglia (VAIANO) Prato (PO) – Italy
9.11 The direct costs for returning the Products will be borne by the User who exercises the withdrawal.
9.12 For the sole purpose of complying with the return deadline, the Products are intended to be shipped when they are delivered to the accepting post office or to the shipper.
9.13 The Products must be returned in the original packaging in which they were received, including any accessory documents such as tags, labels, seals, etc.
9.14 To return the Product, the User may use the postal service or a courier of his choice.
9.15 All risks of loss or damage to the Products during shipment to the Seller for return are the responsibility of the User.
9.16 As required by art. 57 paragraph 2 of the Consumer Code, the User will be responsible for the decrease in value of the returned Products resulting from the manipulation of the aforementioned other than that necessary to establish their nature, characteristics, and functioning.
9.17 In the event that, upon receipt of the return delivery, the Seller should find a decrease in the value of the Products attributable to the User, the Seller will be entitled to offset the amount corresponding to the aforementioned decrease in value with the amount to be refunded to the User as a result of the withdrawal; in this case, the Seller will notify the User within 14 days of receipt of the return.
10) Legal guarantee of conformity
10.1 All Products marketed through the Site enjoy the legal guarantee of conformity established by articles 128 et seq. of the Consumer Code, applicable, in any case, only to the consumer.
10.2 Pursuant to the law, the Seller is obliged to deliver to the User goods that comply with the sales contract.
10.3 The Seller is liable to the User for any lack of conformity of the Products existing at the time of delivery of the aforementioned, which occur within two years of delivery.
10.4. To benefit from the aforementioned guarantee, the User must report the lack of conformity to the Seller within two months of discovery, under penalty of forfeiture, by contacting Customer Service through the appropriate section; this report must contain an accurate and complete description of the contested defects/faults.
10.5 The Customer Service will check the User’s communication, giving him instructions for the shipment of the defective product, which will take place at the Seller’s expense.
10.6 The Seller will have the right to request the User to attach the purchase invoice or other document certifying the date of completion of the sale to the Product for which it intends to make use of the guarantee.
10.7 If operative, the legal guarantee of conformity entitles the User to obtain the repair or replacement of the Product free of charge, at his choice, unless the requested remedy is objectively impossible or excessively burdensome compared to the other available.
10.8 The User will have the right to request, at his choice, an appropriate reduction in the price or the termination of the sales contract, only if the repair or replacement is impossible or excessively expensive, or the repair or replacement has not occurred within the deadline. congruous or the repair or replacement carried out has caused significant inconvenience to the User.
10.9 In no case does a minor lack of conformity give the right to terminate the contract.
10.10 Any defects or damage caused by accidental events or by the User’s responsibility or by use of the Products not conforming to their intended use, or by normal wear and tear, are excluded from conformity defects and, therefore, from the legal guarantee.
11.1 Users’ data are processed in compliance with Legislative Decree 196/2003 (Privacy Code), as specified in the information on the processing of personal data given to the User when completing the login form.
12) Customer service, complaints, and communications
12.1. The following contact details are indicated which the User can contact for any further information or assistance or to submit complaints: ibox SA – Customer Service Colmar Galleria 1 Via Cantonale, – CH-6928 Manno (Switzerland)
Fax: +41 91 91 44861
Phone: +39 (0) 2 23 34 5111
12.2 All communications that are made by e-mail pursuant to the General Conditions will be sent to the address communicated by the User during the Login Phase.
13) Applicable law and competent court
13.1 The sales contract concluded in accordance with the General Conditions is governed by Italian law.
13.2 For any dispute that may arise regarding the interpretation of the General Conditions and the execution of the contract concluded pursuant to the aforementioned, the Court of the place of residence or domicile of the User will be competent, in the case of a resident consumer or with domicile in Italian territory. If the User is not resident or does not have his domicile in the Italian territory, for any dispute that may arise between the Seller and the User regarding the interpretation of the General Conditions and the execution of the contract concluded pursuant to the aforementioned, in the event of an action brought by the Seller, the latter may choose between the Court of Milan and the Court of the User’s place of residence or domicile, alternatively between them; in case of an action brought by the User,
13.3 The buyer has the option of using the platform set up by the European Commission for the resolution of disputes relating to online sales contracts (“ODR Platform”). Through the ODR Platform, the Buyer and Ibox can resolve disputes relating to purchases made online with the assistance of an impartial body. The ODR Platform is accessible at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home.show.