GENERAL CONDITIONS OF USE

Welcome to the giorgiaarcidiacono.com and giorgiaarcidiacono.it website (the “Website”), owned by Momo Galèn di Giorgia Arcidiacono s.r.l.s. - Via Toledo 265 - 80132 Napoli - Italia - P.Iva: 08315841216 (hereinafter also the “Momo Galèn s.r.l.s.”).

Access to and use of the Website are conditional on your review, understanding and acceptance of these General Conditions of Use. If you do not agree with these General Conditions of Use or with part of them, please do not use and do not access the Website.

  1. Intellectual property rights

The contents present on the Website, such as, without limitation, works, images, photographs, dialogues, music, sounds and videos, documents, drawings, pictures, logos and any other material, whatever their format, posted on the Website including, the menus, web pages, graphics, colours, patterns, tools, characters, and design of the Website, diagrams, layouts, methods, processes, functions and software that are part of the Website, are protected by copyright and by all other IP rights of Momo Galèn srls or of the third parties, if any, that Momo Galèn srls has engaged. It is forbidden to reproduce, in whole or in part, in whatever form, the Website and its contents without Momo Galèn srls’s express written consent.

You are only permitted to view the Website and its contents benefiting from the services made available on it. You are also authorised to make any temporary reproductions, without economic significance per se, which are considered transitory or secondary, and an integral and essential part of the actual viewing of the Website and its contents, and any other browsing operations that are performed solely for the purpose of legitimately using the same. Under no circumstances may you be authorized to reproduce, on any medium, in whole or in part, the Website and its contents. Any reproduction must each time be authorized by Momo Galèn srls or, where appropriate, by the authors of the individual works contained in the Website. Such reproductions must in any case be made for lawful purposes and in compliance with the copyright and the other IP rights of Momo Galèn srls and of the authors of the individual works contained in the Website. The authors of the individual works published on the Website shall be entitled to claim, at any time, the authorship of their work and to oppose to any deformation, mutilation or other modification of the works including any damage caused to the works that is prejudicial to their honour or reputation. You undertake to comply with the copyright of the artists who have chosen to publish their works on the Website. You are also not authorized to use, under no circumstances, in any manner and form, the contents of the Website and the individual works protected by copyright and by any other IP right. You may not alter or modify the contents and the copyrighted works without Momo Galèn srls’s consent and, where necessary, without the consent of the relevant authors.

  1. Trademarks and domains

The exclusive owner of all trademarks and distinctive signs present on the Website, also for the purposes of distinguishing the products, is the Momo Galèn srls Group, who has also the exclusive right to use them. Any unauthorized use or use that is not compliant with the law is strictly forbidden and can have legal consequences. Under no circumstances will you be entitled to use said trademarks and the other distinctive signs present on the Website to obtain, also indirectly, an improper benefit from the distinctive character or from the popularity of the Momo Galèn srls Group’s trademarks in a way that is prejudicial to the same or to their owners.

The Momo Galèn srls.com domain, as well as any declination of the same and any sub-domain, are in the ownership of the Momo Galèn srls Group. It is not permitted, not even indirectly, to use them without the express written consent of their owners.

  1. Inbound and outbound links from the Website to third party sites

The Website may contain hypertext links (the "links") to other sites that are unrelated to the Website. Such website are not controlled or monitored by the Website Operator who therefore gives no warranty as to their contents and to the manner in which they process personal data. You must therefore carefully read the conditions of use of the third party sites you visit and their privacy policies, as these Conditions of Use and the Privacy Policy refer exclusively to the Website.

Conversely, it will be possible to activate on third party sites links redirecting to the Website, only if the Website Operator has given his prior consent. The application for obtaining such consent may be sent to the Website Operator at the abovementioned postal or email address [if you wish, insert also the contact name and the relevant email address]. Any unauthorized activation of links shall result in the Website Operator be entitled to take any action to have the unlawful links immediately deactivated, and to have the wrongful business practice, the unfair competition or the action ruining the good name and popularity of the Website Operator, its products and companies of its group, acknowledged. Posting hypertext links (such as deep frames and deep links) to the Website or using unauthorised meta-tags is in any case forbidden.

  1. Contents

The access, use and browsing of the Website are for your personal use only, and must always be unrelated to your commercial, entrepreneurial and professional activities. Using and browsing the Website are activities performed by you and, as such, no liability can be attributed to the Website Operator for the incorrect use of the Website. The Website Operator shall therefore not be liable if during your downloading activities your device is damaged or if your data are lost, unless any such damage and loss are attributable to the gross negligence and wilful misconduct of the same Website Operator.

The Website Operator accepts no responsibility for damages deriving from the inaccessibility to the services present on the Website, disruption of the service, content cancellation, problems related to the networks, providers or telephone and/or internet connections, unauthorized accesses, data alteration, failure and/or malfunction of your electronic equipment.

It will be your responsibility to protect and correctly use your personal data, including the credentials allowing you to access the restricted services. You will also be responsible for any damaging consequence or prejudice that may derive to the Website Operator or third party from the incorrect use, loss or theft of your data.

The Website Operator has adopted all reasonable measures aimed at preventing the posting on the Website of contents and images that are likely to infringe a person’s human rights and dignity, in all possible forms and expressions. Should you deem however that such contents are offensive to your religious or ethical sensibility, or your dignity, please report it to the Website Operator (by sending the relevant notice to the following mailbox  info@giorgiaarcidiacono.com.The Website Operator however warns you that the access, if any, to the contents deemed infringing or offensive is a deliberate act of yours and you are therefore the only person responsible for that.

The Website Operator has also adopted any useful precautions to ensure that all information present on the Website are correct, complete and updated. The Website Operator accepts however no responsibility for the accuracy and completeness of the contents posted on the Website, unless otherwise envisaged by the law. Should you find any error in the information present on the Website or realize that such information is not duly updated, please report it to the Website Operator sending the relevant notice to the following mailbox  info@giorgiaarcidiacono.com.

  1. Applicable law and dispute resolution

These General Conditions of Use are governed by Italian law. Any dispute arising out of these General Conditions of Use between the Website Operator and you, may be resolved through the Alternative Dispute Resolution tool made available on the website of the Chamber of Commerce of Milan (www.risolvionline.com).

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These General Conditions of Use may be updated or modified from time to time by the Website Operator. Any such modification shall become effective when posted on the Website. We therefore suggest that you review this document regularly.




GENERAL CONDITIONS OF SALE


The products marketed on the website giorgiaarcidiacono.com (hereinafter, the “Website”) are sold and invoiced by Momo Galèn di Giorgia Arcidiacono srls a company having its registered office in Via Toledo 265 - 80132 Napoli - Italia, registered with the Chamber of Commerce Industry Handicraft and Agriculture of Napoli Taxpayer Identification Number, VAT and registration number with the Companies’ Registry n. 08315841216 (hereinafter also “Momo Galèn s.r.l.s.”)


For any information on purchase orders, deliveries and, more in general, purchases, please contact Momo Galèn srls customer care at the following addresses: info@giorgiaarcidiacono.com

  1. Acceptance of the general conditions of sale and closing

    1.1 MOMO GALÈN SRLS offers for sale on the Website the products to end consumers, namely, to persons who buy them for reasons unrelated to the activities, if any, carried by said persons for business, entrepreneurial or professional purposes (“Customer”). MOMO GALÈN SRLS reserves therefore the right not to process orders placed by persons other than the "consumer" or, in any case, orders that are not consistent with its business policy.
    1.2 The agreement executed between MOMO GALÈN SRLS (hereinafter also the “Seller”) and Customer shall be deemed consummated upon acceptance of the order as indicated in point 2.3. below, including partial acceptance, by MOMO GALÈN SRLS. If the order is not accepted by MOMO GALÈN SRLS, MOMO GALÈN SRLS shall immediately inform Customer thereof.
    1.3 To place an order in accordance with the envisaged modalities, and with the order form made available on the Website (hereinafter, the "Order"), the Customer shall read all the indications given during the purchase procedure and shall explicit accept these general conditions (hereinafter, the "Conditions").
    1.4 These Conditions may be printed or stored on permanent storage devices, in accordance with the applicable legislation currently in force.
  2. How to buy the products

    2.1 The products offered for sale by MOMO GALÈN SRLS are only and exclusively the ones displayed on the Website when the Order is placed, as described in the relevant product information sheet.
    2.2 Customer can place an order by duly filling-in the order form made available on the Website and send it in accordance with the indications provided in the Website, after having carefully reviewed these Conditions, the product specifications, the relevant price (inclusive of all applicable taxes and charges), shipping costs (including the ancillary costs that may be incurred in case a shipping and delivery method quicker and/or different from the standard one is chosen). Customer shall also ask MOMO GALÈN SRLS if it wishes to receive the invoice for the purchased product.
    2.3 MOMO GALÈN SRLS shall confirm that the Order has been properly received by sending an email message to the address notified by Customer. The email shall contain a short description of the conditions of purchase, as provided for by the applicable legislation, as well as the information entered by Customer into the Order form, to enable him/her double check such information and, if necessary, immediately report incorrect data, if any.
    2.4 MOMO GALÈN SRLS is obliged to deliver products free of defects or flaws.
  3. Price and Terms of payment 

    3.1 The prices indicated on the Website are inclusive of taxes and VAT. Customer shall be informed in advance of shipping costs or fees, if any, through the Website.
    3.2 The payments can be made only through credit card and paypal and the transaction will be processed through a secure server selected by MOMO GALÈN SRLS. The payment must be made as a part of the of placing of the Order, in order to finalize the same. 
    3.3 Under no circumstances and at no stage of the payment process, the details of the credit card of Customer will be disclosed to MOMO GALÈN SRLS because such details will be directly sent, in a secure manner, to the website of the financial institution in charge of the transaction.
  4. Delivery of the products and relevant expenses

    4.1 MOMO GALÈN SRLS, its suppliers and its logistics service providers shall deliver the products purchased by Customer at the address indicated by the latter in the Order, at the cost specifically indicated in the Website before the Order is dispatched.
    4.2 Customer may decide to personally collect the products, rather than having them dispatched to him/her, directly at the MOMO GALÈN SRLS atelier. In that case, Customer will receive an e-mail informing him/her that the product has arrived at the atelier and is ready for collection within 30 days from the date on which the email was received, upon exhibition of a copy of the aforesaid e-mail together with an identity document. Failure to collect the product within the time limit indicated in the agreement the purchase contract shall be considered concluded.. 
    4.3 The products will be delivered by MOMO GALÈN SRLS within the date indicated in the accepted Order, being in any case understood that MOMO GALÈN SRLSL will be not responsible for delays caused by third parties, the Customer, acts of God.
    4.4 To receive the delivery of the products, the Customer shall sign the relevant receipt provided to him, having checked that:
    4.4.1     the number of items delivered corresponds to the number indicated in the bill of parcels,
    4.4.2     the packaging is intact, not damaged or wet, and, in any case, unaltered, including the sealing material (sellotape or metal strapping seals).
    4.5 Any damage detected in the packaging and/or the product, and any discrepancy found in the number of items or in the indications contained in the bill of parcels, shall be immediately reported in the bill of parcel to be returned to the courier.

 

  1. Right of withdrawal

    For products made to size (XS, S and M) the Customer may withdraw from the purchase contract for any reason whatsoever, without having to give reasons and without any penalty, within 14 days from the date of delivery of the products.

    In order to exercise the above right of withdrawal, the Customer must inform us by registered letter, PEC or e-mail of the willingness to use this right, also using the Returns Form included in the packaging of the returned product.

    In case of withdrawal, the customer must return the products to Momo Galèn s. r. l. s. within 14 days from the withdrawal itself, in one of the following ways, at the Customer's choice:

    Shipment of the product/products returned to the address indicated in the Returns Form by courier chosen and commissioned directly by the Customer, who will bear all shipping costs;

    delivery of the returned product (s) to the address indicated on the Return Form, in this case the Customer must deliver the returned product (s) together with the Return Form, also showing suitable identification documentation.

     

    The goods must be returned intact, complete with all its parts and possibly used for the time strictly necessary to establish and verify their nature, characteristics and size, according to normal diligence, without any signs of wear or dirt, in compliance with the conditions below:

    The right of withdrawal may apply to the product purchased in its entirety; it is not possible to exercise withdrawal only on part of the product purchased (e. g.: accessories, etc...);

    For withdrawal to be possible, the product must be intact and complete in all its parts (including the accessory equipment: labels, tags, seals, etc....);

    the shipment, until the certificate of receipt to the address indicated by Momo Galèn s. r. l. s., is under the full responsibility of the Customer;

    in the event of damage to the goods during transport, Momo Galèn s. r. l. s. will inform the Customer, in order to allow him/her to promptly file a complaint against the courier and obtain the relative refund; the product will then be made available to the Customer, at the same time cancelling the withdrawal request;

    Momo Galèn s. r. l. s. will not be liable in any way for damage, theft, loss occurred during or in any way depending on the shipment for return.

     

    After returning the products, Momo Galèn s. r. l. s. carry out the necessary checks to ensure that they comply with the conditions and time limits laid down in this Article, and in the event that the verifications are concluded positively, the Seller will refund to the Customer the full amount already paid within 14 days of receipt of the goods subject to withdrawal using the same means of payment used by the Customer for the initial transaction, unless otherwise agreed. Momo Galèn s. r. l. s. may suspend the refund until receipt of the returned product.

    In the event that the verifications are not concluded in a positive way, the Seller will inform the Customer, by e-mail, of the verified existence of a decrease in value of the returned products, deriving from the failure to comply with the above conditions, and at the same time will communicate the amount that will be deducted from the refund, without prejudice, alternatively, to the possibility for the Customer to get back, at his own expenses, the products in the state in which they were returned.

     

    In case of forfeiture of the right of withdrawal, Momo Galèn s. r. l. s. will return the purchased product to the sender, charging the shipping costs and, if already refunded, the price of the product.                                                                                                                                                                                                                            The products created and customized to the customer's specifications and/or measures, as such, in accordance with the Consumer Code (art. 52 of Legislative Decree 206/2005 as amended by Legislative Decree 21/2014 transposing European Directive 2011/83/EU on Consumer Rights) are excluded from the right of withdrawal.
  2. Warranties

    6.1 All products sold by MOMO GALÈN SRLS are covered by a 24 (twenty-four) month guarantee for lack of conformity. To benefit from the guarantee, Customer must keep the relevant invoice, or receipt of payment, together with the bill of parcels.
    6.2 The warranty for lack of conformity will be applicable only if the product has been used correctly, in compliance with its intended purpose and in accordance with the use and washing instructions contained in and/or furnished with the product.
    6.3 In the event that MOMO GALÈN SRLS is unable, for any reason, to return the guaranteed product (restored or replaced), or if the restoration or replacement proves to be too burdensome also in consideration of the value of the product, MOMO GALÈN SRLS may adequately reduce the paid price or make a full refund, and the agreement will be terminated.
    6.4 If a product return is envisaged in the warranty, Customer will return the product in its original packaging, with all its parts (including packaging materials, documents and accessories).

 

  1. Claims and queries

    7.1 Any claim or query can be sent to MOMO GALÈN SRLS at the following Customer Care addresses info@giorgiaarcidiacono.com.

 

  1. Privacy

    8.1 Any personal data collected when an Order is placed, shall be processed by MOMO GALÈN SRLS for the sole purpose of satisfying Customer’s express requests, in compliance with the legislation applicable to privacy and with the Privacy Policy available on the Website. Other processing, if any, of such data shall be carried out only with Customer’s express consent.

 

  1. Applicable Law and Dispute Resolution

    9.1 The sale agreement under these Conditions and its performance are governed by Italian Law, without giving effect to the conflicts of law provisions thereof or the United Nations Convention on Contracts for the International Sale of Goods. Any dispute that may arise out of or in relation to the agreement shall be submitted to the competent court of the place where Customer resides.
    9.2 In matters not covered by these Conditions, the relevant and appropriate regulations of Italian law will apply, in particular (but not exclusively) the regulations of the Civil Code and the Act on Consumer Rights.
    9.3 Any dispute that may arise out of these Conditions, may also be settled through the Alternative Dispute Resolution scheme of the Chamber of Commerce of Milan (www.risolvionline.com).
    9.4 Please note that also the European Commission manages an Online Dispute Resolution website http://ec.europa.eu/odr/ dedicated to helping consumers and traders resolve their disputes out-of-court, including cross-border disputes.