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TERMS AND CONDITIONS OF REPAIR SERVICES

1. DEFINITIONS

1.1. Without prejudice to any other definitions in the Contract, capitalized terms will have the definitions below:

  • Consumer Code: means Italian Legislative Decree no. 206/2005 as amended.
  • Consumer:means the natural person acting for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity.
  • GG: Golden Goose S.p.A., with registered office at Via Privata E. Marelli 10, 20139, Milan, tax code and VAT number 08347090964 – Economic and Administrative Index number MI 2019545, tel. +39 0281480317
  • Privacy Regulation: refers jointly to Regulation (EU) 2016/679 ("GDPR"), Italian Legislative Decree no. 196/2003 (the "Privacy Code") as well as any and all other measures and/or guidelines regarding the protection of personal data issued by the Italian Data Protection Authority (the "Privacy Authority") or the European Data Protection Board (the"EDPB").
  • User: means the Consumer who uses the Repair Services (as defined below) either online or at a physical store.
  • Online Repair Service: : refers generically to one of the repair services not covered by the warranty, that the User may request in the dedicated section of the GG website (the "Website") to which it is possible to add further services that cannot be purchased individually.
  • Store Repair Service: refers to the individual repair service not covered by the warranty, that may be purchased by the User at one of the physical GG stores;
  • Product/Products: Golden Goose brand shoes, accessories and/or garments for which the User requests the Services.

2. SUBJECT, REQUEST AND ACCEPTANCE OF THE REPAIR SERVICES

2.1. With this contract (the "Contract") the User purchases the Online Repair Service or the Store Repair Service sold by GG in order for the Services to be provided on the Product(s) indicated by the User.

2.2. The User may request the provision of the services either:

  1. Physically, by filling out the relevant GG form at a physical GG store. After processing the request and examining the Product(s), GG will provide the User with an estimate for the requested Store Repair Service based on the work to be performed, any materials that the performance of the Store Repair Service will require and the condition of the Products, which shall form an integral and essential part of the Contract (the "Estimate"); and/or
  2. Online, on the Website where the User will need to select the model of the Product to be repaired, provide the required information (year of purchase, product size, etc.), upload photos of the Product, select the applicable Online Repair Service and enter any text notes.

2.3. Subsequent to choosing the Online Repair Service or the Store Repair Service, the User will need to provide an email address to receive communications from GG regarding the performance of the service, as well as shipping information for the Product(s) for purchases on the Website.

2.4. GG reserves the right not to carry out the Online Repair Service or the Store Repair Service selected in the following cases:

  1. the Products for which the User has requested an Online Repair Service or a Store Repair Service cannot be repaired for objective reasons (e.g. because they are obsolete);
  2. GG is unable to obtain the materials necessary to perform the requested Online Repair Service or Store Repair Service.
  3. The model of the Product sent/delivered to GG does not correspond to that selected/indicated as to be repaired.
  4. The Products for which the User has requested the Online Repair Service or the Store Repair Service are found to be counterfeit or not original GG products
  5. after purchasing the Online Repair Service, the User did not sent the Product(s) within 30 days of receipt of the shipping label, due to which the order placed by the User will be canceled.

In all of the cases mentioned above, as well as in the case of withdrawal pursuant to Article 3.2 below, GG shall reimburse the User using the original payment method.

3. PURCHASE OF ONLINE REPAIR SERVICES AND RIGHT OF WITHDRAWAL

3.1. The sending of a purchase order for the Online Repair Service constitutes the moment of the online conclusion of the Service Contract, which shall be governed entirely by these General Terms and Conditions. Prior to the electronic transmission of the purchase order to GG, the User will therefore need to express - by checking the box that will appear on the Website - unconditional acceptance of these General Terms and Conditions, undertaking to observe them. Once the purchase order for the Online Repair Service is sent, GG shall send the User an email confirming receipt of the order, containing the order number, the details of the order placed ("Receipt Confirmation") and an additional email containing a shipping label that the User will need to use to send the Product(s) to GG. The User shall retain the order number contained in the Receipt Confirmation in order to use the assistance service and for any other communication with GG.

3.2. The User - pursuant to Art. 52 of the Consumer Code - may withdraw from the Contract concluded via the Website within 14 days of its conclusion (or of when the purchase order is sent) by sending an email to GG Customer Care, ref. Art. 7. The User acknowledges and accepts that, as this is a service contract, it - pursuant to Art. 59, letter a) of the Consumer Code - shall no longer be entitled to the right of withdrawal when the Online Repair Service has started to be carried out, coinciding with the moment in which GG receives the Product sent by the User.

4. PERFORMANCE OF THE REPAIR SERVICES, DELIVERY AND PICK-UP OF THE PRODUCTS

4.1. GG agrees to safeguard the Products and perform the Online Repair Service or the Store Repair Service within the terms specified to the User at the time of purchase, without prejudice to causes not directly attributable to GG. In the event of delays due to causes beyond GG's control, GG will notify the User at the email address provided when the purchase was made.

4.2. The delivery of the Products to the User shall take place either:

  1. for the Store Repair Service, at the GG store where the Products were originally left by the User; or
  2. for the Online Repair Service, at the address provided by the User in the relative request on the Website.

4.3. Delivery will be deemed to have been made when the User or a third party authorized by the User acquires physical possession of the Products. For the Online Repair Service, delivery will be proven by the signature on the Product delivery receipt at the agreed shipping address.

4.4. For the Online Repair Service, upon delivery of the Product, the User will be required to check that the packaging is intact and without evidence of damage, tampering, or alteration. If such check identifies any issues, the User must immediately notify the courier of such problems and promptly inform GG of the incident by contacting GG's customer service department in the manner set forth in Art. 7 below.

4.5. If the Products are to be picked up at a physical store, GG will notify the User that the Products are available for pickup at the store where the Store Repair Service was purchased, and the User must pick up the Products within a period of 15 days after such notice ("Pickup Deadline"). The User may delegate a third party to collect the Products in writing.

4.6. In all cases of failure to collect the Products by the Pickup Deadline – whether by the User or a third party delegated by the User in writing – the Products will be held in storage by GG, which will be entitled to charge the User a storage fee of € per day, for each day after the Pickup Deadline.

5. PERFORMANCE OF SERVICES AND WARRANTY

5.1. GG warrants that the Online Repair Service and the Store Repair Service shall be performed professionally and to industry standards.

5.2. The User acknowledges and agrees that GG may use vintage pins, patches, and buttons as part of the provision of the above-mentioned services. GG assumes no responsibility for any defects and/or discrepancies due to the nature of such vintage components and the wear and tear that said items may exhibit due to said nature.

5.3. The User also acknowledges and accepts that the so-called “distressed” effect that is typical of some of the Company's products, which – where present – remains even following the provision of the above-mentioned services, cannot be considered a defect and/or deformity.

5.4. The User acknowledges and agrees that the subject matter of the Contract is solely the provision of the Online Repair Service and the Store Repair Service, and not the sale of Products. Therefore, since the contract constitutes a service contract, the User acknowledges and accepts that the warranties set forth in Arts. 128 et seq. do not apply.

5.5. Notwithstanding the foregoing, as set forth in Art. 1665 of the Italian Civil Code, the User will be required to verify the integrity, correctness and completeness of the above-mentioned Repair services upon collection of the Products and to submit any claims to GG within 15 days of collection either at the physical store where the Products were collected, or at the address forward.eu@goldengoose.com specifying the request number (similar to the order number) and their email address. Once the period of 15 days has elapsed, the above-mentioned services shall be deemed to have been accepted without reservation by the User and GG will not be required to issue any warranty, as set forth in Art. 1667 of the Italian Civil Code, and disclaims any liability for claims received after 15 days from the User’s receipt of the Products.

5.6. The User shall be required to show the Products subject to the complaint to GG.

5.7. No complaints shall be accepted for Products that show signs of use and/or modification subsequent to the above-mentioned services performed.

5.8. In any event, GG may not be held liable for damages due to concealed flaws in the Products not previously disclosed by the User and not subject to the Online Repair Service or the Store Repair Service.

6. PAYMENT

6.1. Where the request is made physically, the User shall pay for the Store Repair Services prior to the collection of the Products at the store. If the request has been received online via the Website, the User will need to make payment when the purchase order is sent. In this latter case, the User will be charged for the payment before the User ships the Product.

7. USER SUPPORT

7.1. The User may check on the progress of the performance of the services and shipment and may get in touch with GG at any time using the following contact information:

  1. E-mail: forward.eu@goldengoose.com
  2. Tel: +39 0281480317

If the User has submitted the request online, they can check the status of the request in their Personal Area.

8. APPLICABLE LAW AND COMPETENT COURT

8.1. In accordance with the provisions of Regulation (EC) 593/2008 (Rome Regulation I) these terms and conditions are governed: a) by Italian law, or b) by the law of the European Union country (other than Italy) where the Services are provided, provided that the User resides there.

8.2. Any dispute that may arise between the parties in connection with the validity, interpretation, performance and termination of the Contract shall be subject to the exclusive jurisdiction of the Court identified pursuant to Regulation (EU) 1215/2012, Article 18, para. 1 and 2, and specifically:

  1. The User may take action before the courts of the country of the User's domicile or the country where GG has its headquarters.
  2. GG may take action before the courts of the country of the User's domicile.

8.3. In any case, the User may avail themselves of the out-of-court dispute resolution procedures provided by applicable law.

9. EXCLUSION OF WAIVER

9.1. GG’s failure to exercise one or more rights deriving from the Contract may not be considered a waiver to such rights nor may it prevent the subsequent exercise thereof.