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Terms & Conditions
These General Terms and Conditions of Sale (“GTS”) govern the offer and sale of products through the website www.gianvitorossi.com (“Website”).
The products merchandised on the Website (“Products”) are offered and sold by GGR East Coast llc., having registered office in 460 Broome Street, Fifth Floor, New York, NY, USA (“Gianvito Rossi”).
Gianvito Rossi is the owner of the Website as well as of the “Gianvito Rossi” trademark (“Trademark”).
By accessing or using the Website provided by Gianvito Rossi, including by making any purchases through the Website, User agrees to be bound by the terms and conditions in these GTS.
User acknowledges and agrees that by clicking the “Agree” button, or accessing or using the website, user hereby agree that (a) user is at least eighteen (18) years of age (or the age of legal majority in the jurisdiction where user resides), (b) user has read and understands these gts, and (c) user agrees to be legally bound by these gts, including without limitation, disclaimers of warranties, damage and remedy exclusions and limitations, and choice of italian law.
Last Updated December 20th, 2021.
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Definitions
As used in these GTS, the following terms shall have the meanings specified below:
“Buyer” means a User that submits an Order through the Website as a Consumer.
“Consumer” means the natural person that purchases the Products for purposes not connected with any entrepreneurial, commercial, professional or artisanal activity that he/she may carry out.
“Contract” means the distance contract entered into between Gianvito Rossi and the Buyer as end Consumer through Gianvito Rossi’s Website and subject to these GTS.
“Italian Consumer Code” means the Italian government decree no. 206/2005.
“Order” means the electronic purchase request sent by the Buyer to Gianvito Rossi through the Website, which specifies selected Products, Description, item code, quantity, size, colour, “Gender” and “Made in” data, customs code, if applicable, “Currency”, unit price for each item, and Total.
“Order Confirmation” means the email by which Gianvito Rossi accepts the electronic Order sent by the Buyer through the Website and informs the Buyer that the order can be completed.
“Parties” means Gianvito Rossi and the User or Buyer, as applicable, jointly.
“Products” means the goods (including, without limitation, men’s/women’s footwear and small accessories) bearing the Gianvito Rossi trademark and listed in the electronic catalogue published on the Website upon placement of an Order by the Buyer.
“Reseller” means an individual or entity that resells the goods purchased from others.
“User” means the individual authorized to operate on the Website in order to purchase the Products (as defined below) according to the procedures specified in these GTS.
1. Scope and Purpose of the Contract
1.1 These GTS, which are made available to the Buyer for reproduction and retention purposes pursuant to art. 12 of the Italian government decree no. 70/2003, concern the distance offer and sale of Products made by electronic means through the Website.
The offer and sale of Products on the Website constitute a distance contract regulated by Chapter I, Title III (art. 45 et seq.) of the Italian Consumer Code and by the Italian government decree no. 70/2003 which governs electronic commerce.
1.2 These GTS shall apply to all sales made by Gianvito Rossi through the Website. Gianvito Rossi may display, include or make available third-party content or provide links to third-party websites or services through the Website (collectively, “Third-Party Materials”). User acknowledges and agrees that Gianvito Rossi is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Gianvito Rossi does not assume and will not have any liability or responsibility to User or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to its users and User accesses and uses them at entirely at User’s own risk and subject to such third parties’ terms and conditions. These GTS shall not apply to any sales made by other subjects that may be present on the Website through links, banners or other hyperlinks. Gianvito Rossi does not carry out any control on the websites or content accessible through such links and hyperlinks and thus it shall not be responsible for any sale of products made by such subjects.
1.3 Gianvito Rossi reserves the right to modify these GTS at any time. However, the GTS applicable to an Order shall always be the ones accepted by the Buyer upon placement of an Order. Any changes and/or any new terms and conditions shall become effective as soon as they are posted on the Website.
1.4 These GTS shall apply to the sales made in Italy and in all other countries where purchases can be made through the Website.
1.5 Subject to the terms of these GTS, Gianvito Rossi grants to User a limited, non-exclusive, non-transferable, personal, non-commercial license to access and use the Website. Except for the limited rights expressly granted herein, Gianvito Rossi reserves all right, title and interest in the Website and other content therein.
1.6 User agrees that User will not, and will not permit any third party to: (a) delete, modify, hack or attempt to change or alter any of the content on the Website; (b) use any device, software or routine intended to damage or otherwise interfere with the proper functioning of the Website or servers or networks connected to the Website, or take any other action that interferes with other parties’ use of the Website; (c) use any robot, spider, scraper, crawler, indexing agent or other automatic or manual device or process, except for a generally available search engine; (d) use any intellectual property included on the Website without Gianvito Rossi’s prior written consent, including without limitation as metatags, search engine keywords, or hidden text, or remove any copyright notice or trademark legend, attribution or other notice placed on or contained within any of the Website content; (e) use any material or information, including images or photographs, which are made available through the Website in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party; (f) upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another; (g) create a false identity for the purpose of misleading others; (h) provide false information or impersonate someone else; (i) publish, post, upload, distribute or disseminate any inappropriate, profane, obscene, indecent or unlawful topic, name, material or information; or (j) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of any third party, including without limitation uploading, posting or transmitting any message or data that would violate the proprietary rights of Gianvito Rossi or any other party. Any use of the Website not expressly permitted under these GTS is strictly prohibited.