A. Under these general conditions of online sales (“GCOS”), Tatiana Cohendy – VAT Registration Number IT10606610961 with its registered office in Milano, Via Scoglio Quarto 3, CAP 20136 (Italia) regulates its commercial relations with web surfers and buyers, as defined below, as provided by electronic transaction.
A. For any matter not provided for by these GCOS, you are referred to (i) Legal Notices and (ii) Privacy.
Terms used with a capital letter (whether they be in the singular or plural) must be accorded the following meaning:
- Site: Internet site that can be reached through the URL: www.garcon-milano.com;
- Buyer: party who concludes the contract with Tatiana Cohendy – VAT Registration Number IT10606610961 Pursuant to the Italian Consumer Code (Legislative Decree no.206/2005), the consumer is defined as the natural person acting for purposes which are not related to his or her trade, business or profession, (“Consumer”) and the professional is the natural person or juridical person acting for purposes which are related to his or her trade, business or profession, or an intermediary of his or hers (“Professional”). When reference is made to the Buyer in the GCOS, it is intended to include both the Consumer and the Professional; if this is not the case, reference will be made to the interested party (for example, in the clause relative to the right to withdraw, which can only be exercised by the Consumer);
- Registration: the operation that involves the issuing of authentication credentials (“Identifying Codes”), consisting of a User ID (in the form of an alphanumerical code) and a Password (in the form of an alphanumerical code), which allow access to the reserved area (login). The function of Registration is to unequivocally identify the Buyer in the case of a past purchase history, or to allow for the better usability of the Site, not least by providing access to the reserved area;
- Parties: Tatiana Cohendy and the Buyer;
- Transaction: any operation carried out electronically from which obligations arise for the Parties concerned;
- Product: merchandise that is the object of an individual Transaction (hats and accessories). All information relating to Products listed on the relative product detail page cannot be deemed as binding for Tatiana Cohendy if not in the forms and in accordance with the ways provided for by the GCOS. It should be specified that the product detail page contains details and information relevant to the Product and that in case of special requirements it is the responsibility of the Buyer to ask Tatiana Cohendy for additional information about the Product;
- Contract: agreement of purchase/sale of one or more Products concluded between the Parties electronically pursuant to these GCOS. The Contract is deemed to be concluded in the place where Tatiana Cohendy has its registered office;
- Web Surfer: party who visits and browses the Site, undertaking to comply with the regulations set out here in as far as they concern him or her, irrespective of whether he or she is a Buyer;
- Price: the amount to pay by way of consideration for the purchase of the Product. The Price indicated on the Product’s product detail page is solely valid for Consumers. For Consumers, irrespective of whether or not they are resident in the European Union, the Price expressed in Euros and indicated on the Product’s product detail page should be understood to include VAT, where payable, subject to the provisions under article 8 with regard to charges incurred on imported goods. For Professionals, irrespective of whether or not they are domiciled in the European Union, the Price – which should be understood to be net of any tax payable provided for by the legislation and in particular of VAT, as well as of import charges pursuant to article 8 – is the object of specific negotiation with Tatiana Cohendy, as per subsequent article 5B;
- Charges: further charges levied on the Buyer for the purchase of the Product, such as shipping costs (in which packing is also included). These Charges are, however, specified to the Buyer before the conclusion of the Contract;
- Financial intermediary: the party that has an arrangement with Tatiana Cohendy, through which payment of the Price and the Charges can be made (for example, PayPal, credit institute, etc.);
- Delivery: for the purposes of exercising the rights provided for by the guarantees and by the right to withdraw, delivery is intended to mean the physical receipt of the Product that is the object of the sale/purchase, independently of the party (logistics or postal operator) who is responsible for relative activities and physically makes the Delivery to the Buyer.
3. Buyer’s obligations
The Buyer undertakes to:
(i) comply with the Legal Notices and the GCOS;
(ii) use the Site only for viewing Products and for placing orders;
(iii) print and retain these GCOS;
(iv) input truthful and correct data during the Site registration process and in further communications sent to Tatiana Cohendy and to update in a timely manner any data and information supplied;
(v) not to input data belonging to a third party and/or false and/or imaginary data;
(vi) release Tatiana Cohendy from any liability deriving from the issue of incorrect tax documents due to errors relating to data supplied by the Buyer, he or she being solely responsible for the inputting of such data.
By placing orders and shopping on the Site, the Buyer confirms that he or she is at least 18 years of age..
Without prejudice to the aforesaid provisions with regard to the protection of Tatiana Cohendy industrial and intellectual property, the Buyer undertakes to use the images found on the Site solely for personal purposes and for the function of purchasing the Product, given that it is forbidden to reproduce, publish and distribute such images for commercial purposes, save in the case of a specific written agreement with Tatiana Cohendy. It is understood that this ban is not applicable to social networks and to portals that allow images and comments to be shared (Facebook ®, Pinterest ®, etc.)
4. Purchase order
The Parties agree that the Buyer will be able to place an order and complete his or her purchase, according to the following procedure:
- viewing of the online catalogue and checking of the specifications of the Product as described on the relative product detail page;
- selection of the individual Product, the chosen colour and the quantity that it is wished to buy;
- possibility of continuing the shopping session by adding further products to the cart (“Back to catalogue” icon);
- completion of the selection of Products and start of the procedure to complete the purchase (“Buy” icon);
- checking of the order summary, including any shipping Charges;
- any changes or additions to the order;
- electronic confirmation of the order in accordance with the instructions (“Place order” icon);
depending on the chosen method of payment:
- in the case of payment by credit card or PayPal
payment of the Price (as well as the Charges specified in the order summary), by following the instructions and operations provided for;
- receipt of email confirming the success of the Transaction, with a summary of the order and other useful information, as well as the GCOS in .pdf format;
5. Conclusion and efficacy of the Contract
The Contract is concluded at the moment Tatiana Cohendy receives the payment relating to the Transaction or the notice sent by the Financial intermediary that the Consumer has duly arranged for payment to be made.
The Professional can submit an email request for an estimate for the purchase of Products, indicating the model, colour, quantity and size required. The Contract is concluded at the moment that acceptance of the estimate is received, without alterations, by Tatiana Cohendy, having been sent by the Professional.
6. Availability of Products and credit notes. Shipping
The Consumer may purchase Products shown in the electronic catalogue viewable on the Site and in the quantity available in the warehouse. The database of Products is constantly updated by Tatiana Cohendy.
In the event that the Product purchased by the Consumer is no longer available in the warehouse and cannot be obtained by other means by Tatiana Cohendy within the terms pursuant to article 54 of Legislative Decree no.206/2005, Tatiana Cohendy undertakes to inform the Consumer in a timely manner and he or she will be entitled to choose one of the following options:
- to receive a full refund of the amount paid for the purchase of the Product, which must take place in as short a time as possible and in any event within 30 days;
- to be issued with a credit note equal to the amount paid for the purchase of the Product, thereby waiving the right for the Price to be credited to his or her account. It is understood that if the credit note is not redeemed, either wholly or partially, within 90 days from issue, Tatiana Cohendy will pay the Consumer the residual amount
Shipping destinations and estimated delivery times are specified on the Shipping and payments page.
7. Payments. Implementation of the Contract. Terms of delivery
All liability in relation to the correct debiting of payments made by means of the optional systems on the Site other than a money transfer and in relation to the processing of the relative data (credit card) is solely imputable to the Financial intermediaries and/or the issuing institutes or those which in any event manage the service (PayPal.
Tatiana Cohendy only implements the Contract on full receipt of the Price and the Charges incurred by the Transaction, informing the Buyer when the Products are shipped Tatiana Cohendy fulfills its obligations through the Delivery of the order that is the object of the Contract to the particular courier it uses for each shipment, in accordance with the chosen service as indicated on the Shipping and payments page.
Without prejudice to any Consumer rights, the Parties agree to attribute a non-fundamental nature to the terms of Delivery, as indicated on the Site, for the purposes of fulfilling the Contract, since they should be deemed to be merely indicative.
No liability can be ascribed to Tatiana Cohendy for delayed or non-Delivery due to force majeure or fortuitous events.
In cases where Delivery to the address indicated by the Buyer proves unsuccessful (for example, due to the unavailability of the Buyer or an unjustified refusal to accept the package), Tatiana Cohendy reserves the right to debit the Buyer with the shipping and return postage costs, subtracting them from any refund potentially owed to the Buyer.
8. Customs duty, tax and administrative obligations
All duties, taxes, levies, licences, authorizations, permits and any and every customs duty, tax and administrative obligation on which importation or in any event the Delivery of the Products depends (with particular but not sole reference to countries outside the European Union), must be deemed to be at the sole expense of the Buyer, who will have to inform himself of the situation and take action in a timely manner to fulfill the necessary obligations and incur the relative costs.
9. Tatiana Cohendy’s right
Tatiana Cohendy reserves the right, at its sole discretion, not to accept Registration requests or to temporarily suspend or permanently block access to the Site and prevent orders from being placed, in some cases through the revocation and/or the deactivation of the Identifying Codes of a Buyer who does not provide sufficient guarantees of reliability vis-à-vis the GCOS, or who has defaulted on the latter and/or on other potentially applicable contractual conditions, or who in any event has used or is about to use the Site unlawfully and/or in bad faith. In evaluating the above measures, Tatiana Cohendy will adhere to a criterion of good faith and reasonableness.
10. Imputable appearance
The Buyer agrees to apply the principle of imputable appearance to operations carried out through the use of his or her Identifying Codes or in some way traceable to his or her activity and to demonstrations of will and/or consensus expressed in the context of the Site.
Pursuant to this principle, the Buyer will always and in any event be responsible for the use, including the unlawful use, of the Identifying Codes traceable back to him or her. Tatiana Cohendy may therefore legitimately deem the Buyer, who is identified by the Identifying Code traceable to him or her, to be bound to all the aforesaid demonstrations of will and/or consensus.
The Buyer undertakes to take every precaution necessary for ensuring the secrecy and correct use of the Identifying Codes. The Buyer will be solely responsible for any activity engaged in through the use of the aforesaid Identifying Codes.
11. Right to withdrawal
Only the Consumer is authorized to exercise the right to withdrawal from the Contract in accordance with the provisions of the Italian Consumer Code (Legislative Decree no.206/2005), articles 64 and following, which entails refunding the sums paid by the Consumer at the time of purchasing. The right to withdrawal cannot be exercised by the Professional.
The right to withdrawal must be exercised by the Consumer by sending a communication to the email address email@example.com, within fourteen (14) days from receipt of the Product (in the case of a multiple delivery, from the date of the delivery to which the Product refers).
Please check out our dedicated web page about exchanges and returns to know better how the right of withdrawal works.
The Product, which must be in its original condition (meaning by that with its packing and any other material that is part of the package intact) as a fundamental condition for exercising the right to withdrawal, must be returned according to the instructions received from Tatiana Cohendy by email, within 14 days after exercising the right to withdrawal.
Return postage costs are entirely down to the Consumer.
Where the right to withdraw is exercised for one item of a number of Products shipped as a single order, the Consumer will be refunded a portion of the shipping Charges, worked out proportionately, taking account of the use enjoyed by the Consumer.
In cases where all the above conditions have been met, Tatiana Cohendy will proceed with the refund of the amount paid for the purchase of the returned Product in as short a time as possible, after transport costs, and, in any case, within 14 days from the date of receiving the communication exercising the right to withdrawal.
As an alternative to the refund outlined above, the Consumer has the right to ask Tatiana Cohendy to issue a credit note, which can be used for future purchases at www.garcon-milano.com.
The right to withdrawal cannot be exercised by the Consumer in cases where the purchased Products are personalised and/or made to measure.
12. Guarantees for Consumers and for Professionals
Before being sold, the Products – which are made by craftsmen entirely in adherence with the Made in Italy ethos using techniques developed by Tatiana Cohendy – are subjected to careful checks and inspections, which almost entirely eliminate the possibility of flaws and/or faults. In any case, Tatiana Cohendy ensures the application of legal guarantees in favour of Consumers, while it asks Professionals to pay particular care and attention at the time of receipt of the Products, in order to indicate in a timely manner any flaws and/or faults.
Regarding the return of Products that the Consumer deems to be flawed and/or faulty and/or not as described, Tatiana Cohendy reserves the right to ask for photographs to be sent picturing the Product for which the guarantee pursuant to the Italian Consumer Code (Legislative Decree no.206/2005) is being invoked, testifying to the reason for having recourse to the guarantee.
If the Consumer’s complaint is accepted, Tatiana Cohendy – VAT Registration Number IT10606610961 will send a communication accompanied by an authorisation to return the item and instructions for returning it at its own expense. In any event, before returning the Product, the Consumer is asked to wait for instructions or possible suggestions from Tatiana Cohendy – VAT Registration Number IT10606610961.
If the above conditions are not met with (for example, no authorisation for return, return using a shipper other than the one indicated by Tatiana Cohendy), the guarantee will not be applicable or at any rate may not be wholly or partially effective.
Tatiana Cohendy requests the Professional to check meticulously the state of the Product on receipt and before putting it on sale to the public. Any complaint relative to flaws and/or faults in Products will have to be forwarded to Tatiana Cohendy, via email firstname.lastname@example.org with photos of the Product attached, which show the claimed flaw and/or fault, strictly within eight (8) days from delivery, under penalty of expiration.
Returns will not be accepted unless authorised beforehand in writing by Tatiana Cohendy, who will examine the returned goods to check that the fault exists and can be traced back to its personal liability and only in this case, by its own choice, will it replace or repair the Products acknowledged to be faulty.
In any event, the costs and risks resulting from the return of merchandise are wholly down to the Professional. Any other guarantee, even of a legal nature, and any other measure provided for by the regulations in favour of the Professional must be deemed to be excluded by and superseded by these Conditions. As an exception to the provisions of article 131 of the Consumer Code (Legislative Decree no.206/2005), the Professional may not exercise the right to withdraw in his or her dealings with Tatiana Cohendy
13. Applicable law
Without prejudice to the Consumer’s right to enjoy the rights provided by his or her own code, the GCOS and all Contracts concluded online on the Site, with Consumers or Professionals, are solely regulated by Italian law, with the express exclusion of the rules provided for by the Vienna Convention of 1980 regarding the international sale of movable assets.
14. Conciliation and court of jurisdiction
For any dispute between the Consumer and Tatiana Cohendy, the court of jurisdiction is the one in whose district the Consumer is resident or domiciled.
We inform all the EU Consumers that it’s also possible to solve any dispute out of court at the Online Dispute Resolution website managed by the European Commission, here is the link: https://webgate.ec.europa.eu/odr
For all disputes resulting from Contracts concluded online, from Transactions and from the GCOS, including those relative to their existence, efficacy and interpretation, Tatiana Cohendy and the Consumer, before having recourse to the above mentioned judicial authority, will have the right to make use of a conciliation service regulated by the rules of the Conciliation Service of the Florence Chamber of Commerce or another equivalent conciliation service, offered by the Chamber of Commerce or by another party, authorised by law, to which the Consumer has applied.
For all disputes resulting from Contracts concluded online, from Transactions and from the GCOS, including those relative to their existence, efficacy and interpretation, Tatiana Cohendy and the Professional, before having recourse to the judicial authority of jurisdiction, will submit themselves to the conciliation service regulated by the rules of the Conciliation Service of the Milan Chamber of Commerce, which they declare they are aware of and fully accept.
With regard to Professionals only, should the conciliation not produce a positive result or should not be initiated or concluded due to the inactivity of the Professional, the sole court of jurisdiction for all disputes relating to Transactions and/or Contracts is the one located closest to Tatiana Cohendy registered office, saving Tatiana Cohendy right to call the Professional before any Court having jurisdiction over said Professional.