Article 1
Ownership of Website and legal basis
These Terms and Conditions of Contract and Supply, prepared in accordance with Italian Legislative Decree No. 70/2003 and Italian Legislative Decree 06/2005, regulate the e-commerce services available on the website https://www.gianmarcofunari.com/ and are stipulated between the sole-trader company Gian Marco Funari, tax code FNRGMR89B16H501J, VAT no. 14397761009, with registered office in Via Alessandro Guidoni no. 39 – postal code 00043 Ciampino (RM) (the “Company”), and the person/companies (the “User”) browsing the pages of the website https://www.gianmarcofunari.com/ (the “Website”) and uses the e-commerce services provided through it.
The Company and the User jointly are also referred to as the “Parties”.
These Terms and Conditions shall be binding between the parties named above and shall apply to all Users buying the Products and Services offered on this Website.
Users purchasing the Products sold and using the Services provided on this Website acknowledge and accept these Terms and Conditions.
With the exception of mandatory legislation, for the purposes of these Terms and Conditions, the User agrees that all contracts, notices, disclosures and other communications provided in electronic form must meet the written-form requirement where provided for by law.
Article 2
Object of the contract
The contract regulates the terms and conditions of sale and purchase of the Products and Services offered on the Website.
The Company offers items of clothing and accessories designed, created and manufactured by Gian Marco Funari for sale through the Website.
Any commercial sales agreement already concluded between the Company and the User will be supplemented by these Terms and Conditions.
Article 3
Pricing
The prices on the Site are clearly displayed, shown in euros and include VAT.
The prices may change over time, but these changes will not affect the price charged to the User for purchases made prior to these changes.
Exceptions to the above point are cases where the prices advertised are disproportionate to the normal market value as a result of material error.
Article 4
Product Purchase Procedure
In order to purchase the Products offered on the Website, the User must enter their personal details and is responsible for ensuring that all data is accurate, correct and up to date (registration on the Website is optional, but is recommended in order to facilitate the purchasing process and the reporting of orders), accept these Terms and Conditions and the Website Privacy Policy, and make payment by the date indicated.
Once the User has chosen the products they wish to purchase, they must select the size and then click “Add to cart”. To complete the purchase and proceed to payment, click on the shopping bag icon at the right-hand side of the header, and then on VIEW CART.
For further and more detailed information on how to purchase products offered for sale on the Website, please refer to the “How to buy online” page – https://www.gianmarcofunari.com/en/how-to-buy-online/.
Once the shopping cart page has been opened, the User must choose their preferred payment method.
The payment may be made in a lump sum or in instalments.
Payment may be made by the various options available on the Website, including PayPal, debit card or credit card. In any case, the “Payment Methods” section of the Site https://www.gianmarcofunari.com/en/payment-methods/ details the different payment methods supported by the Site.
If the User chooses to pay via PayPal, at the time of payment their browser will be directed to a page on the server.
If the User chooses to make payment by payment card, this is subject to verification that the issuing bank is authorised for online purchases.
The payment procedure is to be considered as a purchase proposal.
The purchase is considered completed following receipt of an email to the address provided by the User at the time of purchase.
In case of problems with the purchase procedure and/or errors in filling in the data, the User may write to the e-mail address supporto@gianmarcofunari.com.
The Company will verify compliance with the above procedure and, in the absence of justified reasons, will finalise the purchase.
The finalised purchase contracts will be stored electronically on devices owned by the company.
In order to purchase the products offered on the Website, the User must fill in the contact form by entering their personal data, which they guarantee are true, accurate and up-to-date, and then accept these Terms and Conditions and the Website Privacy Policy.
Article 5
Conditions of sale and use of the Website
The purchase or request of the Design Service by the User requires full knowledge and acceptance of these Terms and Conditions.
There shall be no commitment between the User and the Firm, and therefore no purchase contract shall be deemed to have been concluded, in the event that obvious and recognizable errors or inaccuracies are made in the procedure for the purchase of the Products, due to facts attributable to both the User and the Firm, such as – merely by way of example and not exhaustively – errors or inaccuracies relating to the identification and/or selection of the Products and/or the relative quantities and/or the relative price.
Before allowing the purchase of the Product, the Company reserves the right to check the availability of materials and the accuracy of prices and, in the event of an error, reserves the right to cancel the purchase.
Product availability relates to the physical availability at the time the User places the order. This availability should however be considered purely indicative because, due to the simultaneous presence of other users on the Website, products may be sold to other Users before the order is confirmed.
In such a case, the unavailable product will automatically be removed from the order and the User will be informed by an email, sent to the email address provided by the User when registering on the Website.
Furthermore, the Company reserves the right not to accept orders from anyone that are: a) abnormal in relation to the quantity or frequency of purchases made on the Website; b) from Users with whom there are ongoing legal disputes or who have been involved in credit card payment fraud; c) from Users who have provided data that later turned out to be false.
The User agrees to indemnify and hold the Company and its suppliers harmless from any loss, damage, liability, adverse consequence or expense in any way related to any claim against the User due to the fact that the User has in any way used materials from the Website in violation of any applicable law, the rights of any third party, or of these Terms and Conditions.
The User remains solely liable for any consequences (court proceedings or other) arising from the improper use of Products sold by the Company.
Article 6
Right of cancellation
Users falling within the definition of consumers provided for by Article 3 of the Consumer Code (Italian Legislative Decree No. 206 of 2005) and resident in Italy may exercise the right of cancellation within 15 days from the date of receipt of the purchased product.
For all orders shipped to Italy, you can make a first return/change size or color of the same model no later than 15 days from the date of receipt of the package. The first return/change request for size or color of orders placed in Italy is completely free of charge. Any request for model change only will be handled as a return to allow the Buyer to make a possible new purchase.
Under no circumstances is a subsequent request for a size or color change additional to the first, as a refund of the amount of the order for which it was requested the new size or color change on the payment method entered at the time of purchase within 15 working days from the receipt of the product and the subsequent verification of the condition of the item again returned in size or color change. It is specified that in this case, the return shipment will be fully borne by the Buyer.
For orders outside Italy, you must contact our Customer Support by sending an email to: supporto@gianmarcofunari.com, to obtain information regarding the conditions of any return.
To exercise the right of cancellation, the User must send an appropriate communication to the email address: supporto@gianmarcofunari.com, no later than 15 days after receipt of the product, stating the order number, the product they wish to return and the reason for returning the product.
The goods must be returned undamaged and unused, in the original packaging, with all parts complete and with the special guarantee seal applied to all the Products sold on the Website.
The Company reserves the right to refuse the User’s right of cancellation: under no circumstances will the Company refund or replace any goods which are not returned in accordance with the above conditions.
In particular, the products created by the Company are provided with a special guarantee seal, appropriate to the type of products offered for sale on the Website. The Company reserves the right to refuse requests for returns if this guarantee seal has been tampered with, altered or is not intact.
Having verified the existence of the conditions necessary to exercise the right of cancellation, the Company will provide a refund using the same method of payment chosen by the User at the time of purchase.
The Company will issue the refund to the User within 15 working days, starting from receipt of the product and checking of its condition.
The right of withdrawal for Product defects may be exercised by the User if, upon delivery, he has declared to the shipper that he wishes to avail himself of the “reserve of verification” of the characteristics and integrity of the product – including verification of the quantity of the products purchased – by signing the appropriate form.
Upon delivery, the User is required to check that the guarantee seal is present on the product packaging and that the product has not been tampered with.
We reserve the right to claim compensation from the shipping company for any damage resulting from shipment or loss of products.
If a Product is found to be defective, the User should promptly contact the Company by email at supporto@gianmarcofunari.com, with details of the defects. Thereafter, the User must return the product. Upon receipt and after checking the defects complained of by the User, the Company will send out a new product. If replacement is not possible for any reason, the Company will reimburse the User with the amount paid for the product that was found to be defective.
The User declares that he/she waives the right of withdrawal with regard to the supply of sealed goods that are not suitable to be returned for hygienic or health protection-related reasons and that have been opened after delivery and to the supply of goods and/or goods that -after delivery- are, by their nature, inseparably mixed with other goods, as governed by Art. 59 e) and f) of Italian Legislative Decree No. 206 of 2005.
The User hereby waives the right of cancellation in relation to the supply of custom-made or clearly personalised goods, as provided for in Article 59 c) of Italian Legislative Decree No. 206 of 2005.
Article 7
Shipment of orders
Products to be shipped within Italy will be dispatched within 48 working hours from order confirmation.
Products to be shipped abroad will be dispatched within 2-3 working days from order confirmation.
Estimated delivery times are purely for guidance and may vary due to force majeure, courier negligence or due to traffic and road conditions in general or by an act of an Authority.
The User can monitor the progress of their shipment by clicking on the link sent by email when the order is dispatched.
Shipping to Italy is free for orders over €100 (VAT included). For orders under €100 (VAT included) shipped within Italy, a single domestic rate of €8 (VAT included) applies.
The amount considered for the application of any shipping costs is the amount in the cart, within the final checkout step, net of any type of discount. The cost of shipping to Italy will be automatically calculated during checkout, in the summary section in the shopping cart, and before payment for the order.
The Company also reserves the right to include the cost of shipping to Italy on special promotional offers and/or on a selection of items even in the case of orders totaling less than €100. These conditions and any limited period of validity will be communicated and published from time to time on the official website.
The cost of shipping to other countries is payable by the User. In the “Shipping” section of this Website https://www.gianmarcofunari.com/en/shippings/ , shipping costs to foreign countries are listed as an indication only.
Article 8
Obligations of the Company
The Company is not liable for any damage that is not an immediate and direct result of any breach of contract.
The Company is in no way liable for the non-performance of obligations by third parties.
With regard to product shipment services, the Company assumes no liability for the actions of couriers/carriers, or for the actual delivery of products to the User. Each shipment is made by order of the User. The Company is exempt from any liability from the moment it delivers the Products purchased by the User to the carrier. The Company is also relieved of all liability if the User decides to collect the Products personally or through a designated third party.
The Company reserves the right to deny access to the Website in the event of any breach of the applicable legal provisions and/or breach of these Terms and Conditions.
Furthermore, the Company shall not be liable for delays or non-fulfilment of contractual obligations, nor for delays, inefficiencies or interruptions of the Website, if one or more of these problems arises from unforeseeable circumstances or force majeure.
The possible causes of suspension, delay or other non-fulfilment of contractual obligations, for which the Company is not responsible, are listed below, by way of example only and NOT as an exhaustive list: malfunctioning of telephone and/or electricity lines and/or the Internet; malfunctioning of software, hardware and/or hosting services; interruptions and/or suspensions due to legal provisions, even of an exceptional nature or acts of Italian or foreign Authorities; tampering or interventions by third parties on services or equipment used by the Company during the manufacturing process; incorrect use of the platform by Users; malfunctioning of connection equipment used by Users; non-conformity and/or obsolescence of equipment or programmes used by Users; malfunctioning of services, loss of data, accidental disclosure of personal or sensitive data not attributable to the Company, and any other type of damage occurring as a result of attacks by pirates, thieves, hackers and/or viruses).
Article 9
Obligations of the User
The User undertakes to provide his or her personal data correctly and truthfully.
The User undertakes to make payment as set out in Article 4.
When filling in the contact form, the User undertakes to provide his or her personal data correctly and truthfully, assuming full civil and criminal liability for false or misleading declarations.
In the event of a breach of these Terms and Conditions, the Company and its suppliers reserve the right to claim compensation for all present and future damages.
The User agrees to indemnify and hold the Company and its suppliers harmless from any loss, damage, liability (including criminal liability), adverse consequence, or expense in any way related to any claim against the User due to the fact that the User has in any way used materials from the Website in violation of any applicable law, the rights of any third party, or the terms of these Terms and Conditions.
The User is solely and exclusively responsible for any consequences arising from the improper use of the Products offered on the Website. No complaint, claim for liability or compensation may be made by the User against the Company or its suppliers as a result of the service offered.
Article 10
Intellectual and industrial property
All content on this Website is protected and safeguarded by current legislation on copyright and industrial and intellectual property (the content of the Website includes but is not limited to: the domain, sub-domains, trademarks, copy, photographs and videos).
All industrial and intellectual property rights relating to the Website content are the exclusive property of the Company or third-party suppliers, are reserved and are not transferred or licensed to the User.
Accordingly, the User may not reproduce, duplicate, copy, redistribute, re-transmit to other websites, transfer or otherwise make the Website content available to third parties for any reason nor use the Website content for purposes other than conservation of data and/or browsing, without the prior express and formal approval of the Company.
All rights not expressly provided for in these Terms and Conditions remain with the Company or its licensors, suppliers, publishers, owners or other service providers.
The User agrees not to use framing techniques in order to misappropriate any trademark, logo or other proprietary information (including images, text, page settings or format) of the Company, without express and separate written consent.
Article 11
Privacy policy
Please refer to the privacy policy page on the home page of the Website for the Company’s privacy policy and information about the processing of personal data https://www.gianmarcofunari.com/en/privacy-policy/.
Article 12
Language, applicable law, dispute resolution and jurisdiction
These Terms and Conditions are drawn up in Italian and English.
Without prejudice to the rights of Consumers, the Court of Rome shall have exclusive jurisdiction for any dispute.
A User/Consumer who is ordinarily resident in the European Union may benefit from additional protections provided by the mandatory rules of the country of residence.
The User/Consumer has a platform, prepared by the European Commission, for online dispute resolution, which can be accessed through the following link: https://ec.europa.eu/consumers/odr/.
Article 13
Links to external websites
Links and shortcuts to external websites provided by the company are for information purposes only.
The Company accepts no liability whatsoever for the use of external websites.
The inclusion of external links does not imply any connection with those websites, nor any responsibility as to their correct handling of data in accordance with privacy laws or any other information provided by the User/Customer to external websites.
Article 14
Validity and amendments
These terms and conditions were last amended on 20.04.2024.
Any changes to these Terms and Conditions shall take effect and become binding on the User from the time of their publication on the Website and shall apply to sales or and contact requests made on or after that date.
Changes to these Terms and Conditions resulting from any necessary updates and/or changes in the law will be posted on the Website in order to make the User aware of them.
Article 15
Final provisions
Any clauses that for any reason whatsoever are to be considered wholly or partly null and void and/or ineffective will not affect the remaining provisions of this agreement, which remain valid and binding on the parties.
At any time and without prior notice, the Company may deactivate or suspend the User’s access to the Website if the User does not comply with one or more of these contractual clauses or voluntarily breaches this Agreement through misconduct, without the User being able to claim any form of damages and/or compensation and/or restitution of any sum.
If the User fails to comply with this agreement, the Company’s failure to take action shall under no circumstances constitute a waiver of its right to do so.
Article 16
Communications or Complaints
All communications and/or any complaints by the User against the Company should be sent to the e-mail address: supporto@gianmarcofunari.com