Terms and Conditions

ONLINE SALE TERMS

General provisions
These sale terms govern the sale of products between the company Ginnibo S.r.l., with registered office at Milano, Viale Tunisia no. 38, Economic and Administrative Register [Italian REA] REA MI- 2525910, tax code and VAT Registration number 10355690966 (hereinafter the “Company”) and any subject that makes purchases online on the website www.ginnibo.com (hereinafter the “Customer”). These terms may be subject to change and the date of publication on he website is the date of start of their applicability.

By making any purchase on the website www.ginnibo.com, the Customer accepts these sale terms in their entirety. Therefore, we invite all Customers to read the following carefully before making any purchase.

1. Object of the agreement.
1.1. With these sale terms, the Company sells and the Customer purchases at a distance the products shown and offered for sale on www.ginnibo.com and, in particular, clothing for children and adults, clothing accessories, swimsuits and footwear, play products and toys.
The agreement is concluded exclusively online, with the Customer accessing www.ginnibo.com and submitting a purchase order in accordance with the procedure provided for on the website itself.
1.2. The Customer agrees to review, before confirming his/her order, these sale terms, in particular the pre-contractual information referred to in Article 2 below, and to accept them by clicking on the dedicated section as indicated on the website.

2. Pre-contractual information.

2.1. Prior to the conclusion of the purchase agreement, the Customer reviews the characteristics of the products sold, which are described on the product listings and pictures available on www.ginnibo.com and are shown when the Customer chooses a product.

2.2. Prior to the conclusion of the agreement and of the submission of the order by the Customer, the latter receives information relating to:

the price of the products ordered (including VAT where applicable by law) and relevant quanity;
shipping costs and any additional costs;
payment modalities of the order;
timing of delivery of the purchased products;
information on the right of withdrawal, whose costs of return will be borne by the Customer;
the legal warranty of conformity and modalities of post-sale assistance.

The Customer may at any time retrieve and check on www.ginnibo.com information concerning the Company, in particular the geographical address at which the Company has its registered office, the phone number and the e-mail address of the Company and of its customer service. Such information is also provided in these sale terms:

Ginnibo S.r.l.
Registered office: Viale Tunisia no. 38, 20124, Milan
Phone number: 0229519751
PEC: ginnibosrl@legalmail.it
Customer service e-mail: info@ginnibo.com


Modalities of conclusion of the agreement.

2.3. The Customer who wishes to buy one or more products is able to select them from time to time on www.ginnibo.com and add them to the so-called “virtual shopping cart” (hereinafter the “Products”).

2.4. Once the Products have been selected, the Customer may submit a purchase order (hereinafter the “Order”), upon which they will be required to fill in the information needed for the delivery and select the desired payment method. At this point, the Customer shall see a summary page of the order, containing an indication of the price, costs and timing of delivery and the Customer shall be able to confirm the order and submit it to the Company. The purchase Order shall be regarded as a purchase agreement proposal made by the Customer to the Company.

2.5. Upon receipt of the Order by the Customer, the Company shall send an order confirmation email (hereinafter “Order Confirmation”). The agreement between the Customer and the Company shall be considered concluded for all purposes only when the Company itself sends the Order Confirmation. The email containing the Order Confirmation shall also include the following information:

Order ID number;
price of the Products purchased;
costs, timing of shipment and place of delivery of the Products;
link to view the sale terms subscribed to and accepted at the time of placing the Order.

Upon receiving the Order Confirmation email, the Customer shall verify the correctness of the personal data included therein and promptly notify any inaccuracies.


Quantity and description of the products.

2.6. The Company describes and presents the Products sold through the website www.ginnibo.com as best as technically possible. Specifically, for each Product, the Company offers Customers the possibility to view several pictures and, if possible, an image of the Product worn. However, some errors, inaccuracies or minor differences between what is presented on the website and the actual product may arise. In addition, please note that the colours of the Products as they appear on the Customer’s screen might differ slightly from the actual colours, because the gradient of colour depends on how the monitor used for the purchase visualises the reference colour (which might therefore vary from monitor to monitor).


3. Product availability.

3.1. When the Customer selects the Products subject to the Order, the website indicates the availability thereof. In any case, such availability shall be regarded as purely indicative because, due to the simultaneous presence on the website of multiple users and possible Orders submitted by other users, Products may become unavailable prior to the order confirmation.

3.2. Even after the submission by the Company of the Order Confirmation email, there might be cases of partial or complete unavailability of the Products. In these instances, the customer shall be immediately notified by email and asked whether they wish to (i) cancel the Order made; (ii) confirm the Order and wait for the Product to become available again or (iii) replace the Product with another Product among those available. Should the Customer fail to respond, the Company shall proceed to confirm the order as soon as the product ordered becomes available again.

3.3. If the Customer requests the cancellation of the Order in case of unavailability of the Products, the Company shall reimburse the amount paid within 14 days from the day on which the Company has obtained knowledge of the Customer's decision to cancel the Order.

4. Payment methods.

4.1. Each payment that the Customer is due to make towards the Company shall be necessarily made by one of the payment methods indicated on the website www.ginnibo.com and, in particular, by Visa and Mastercard credit cards or by Paypal.

4.2. The actual charge of the full amount of the Order shall only take place when the Company confirms the Order by transmitting the Order Confirmation referred to in Article 3.3 of these sale terms.

4.3. Communications relating to the payment and the data provided by the Customer at the time when payment is made shall be made through special lines protected by encryption systems. Credit card payment security is guaranteed by VBV (Verified by VISA) and SCM (Security Code Mastercard) certification.

5. Prices.

5.1. All sale prices of the Products shown on the website www.ginnibo.com are expressed in EUR and include VAT (where applicable by law).

5.2. Shipping costs are not included in the purchase price, but shall be calculated at the time of conclusion of the purchase process and communicated to the customer before the Order and payment are made.

5.3. Additional costs related to import duties and taxes are, if applicable, excluded from the purchase price and shipping costs.

5.4. The Customer accepts that the Company reserves the right to modify its prices at any time. Nevertheless, the Products shall be charged and invoiced to the Customer according to the prices listed on the website at the time of submission of the Order and in the Order Confirmation email that the Company transmits to the Customer.

5.5. In the event of computer, manual, or technical errors, or errors of any other nature that result in a substantial change of the retail price and are such that this is excessive or clearly too low, the Purchase Order shall be considered invalid and shall be cancelled by the Company. The latter shall therefore reimburse the amount paid by the Customer within 14 days from the day of cancellation.

6. Time and more of delivery.

6.1. The Company shall only accept Orders to be delivered within the Italian territory or the EU customs territory (i.e. the geophysical territory of the countries, which are member of the European Union).

6.2. The products shall be delivered by express courier to the address indicated by the Customer at the time of the Order (i) by and no later than 10 days from the date of receipt by the Customer of the Order Confirmation email sent by the Company if the delivery address is located within the Italian territory; or (ii) by and no later than 15 days from the date of receipt by the Customer of the Order Confirmation email sent by the Company if the delivery address is located within the EU customs territory.

6.3. For each order placed on the website www.ginnibo.com, the Company shall issue an invoice for all the Products shipped. The invoice shall include the information and data provided by the Customer at the time of the purchase process and such information, following the issuance of the invoice, may no longer be changed. The Customer also agrees to receive the invoice electronically (PDF) and by email.

7. Limitations of liability.

7.1. The Company shall not be liable for disruptions caused by force majeure or unforeseeable circumstances in the event that it fails to fulfil the Order within the timeframe indicated to in the agreement.

7.2. The Company shall not be held liable for any malfunctioning or dissatisfaction related to the internet and beyond its own control.

7.3. The Company shall not be liable for any damages, losses or costs borne by the Customer as a result of missed performance of the agreement due to causes not attributable to it, the Customer only being entitled to a refund in full of the price paid and any incidental expenses borne.

8. Right of withdrawal.

8.1. Should the Customer purchase one or more Product they will have the right to withdraw from the sale for any reason whatsoever, without any penalty and without explanation, within 14 days from the date of receipt of the Products.

8.2. The Customer who intends to exercise the right of withdrawal shall communicate it to the Company through an explicit request, which shall be notified with the presentation of an electronical return practice to the Customer Service by sending an e-mail to info@ginnibo.com. The request shall indicate the Order ID number, the Product/s to be returned and the reason of the return.

8.3. In case of exercise of the right of withdrawal according to the procedures set out in Article 10.2 above, the Company shall send to the Customer a confirmation email containing the return form with its Return Authorization Code (RMA), the courier contacts to return the Product and the address of the warehouse that the Costumer shall apply outside the box containing the Product to be returned. The Costumer is in any case obliged to return the Products within 14 days from the day on which they informed the Company of their intention to withdraw from the contract.

8.4. The Products shall be returned to the following Company’s address: Ginnibo S.r.l., Via Leone Pancaldo no. 1, 20129, Milan, Italy.

8.5. The direct costs arising from the return of the Products shall be borne exclusively by the Customer.

8.6. The Products shall be returned undamaged, in their original packaging and complete of all their parts (including any pack or case and any additional documentation). Once the compliance with the above has been verified, the Company shall refund the Customer of the amount paid for the Products returned (deducted any shipping cost incurred) within a maximum of 14 days.

8.7. In accordance with Section 56, paragraph 3 of Italian Legislative Decree 206/2003, the Company will have the right to suspend the refund until the receipt of the goods or until the Customer has proved to have sent the goods to the Company.

8.8. The Company will refund the Customer by using the same payment modality selected by the Customer at the time of purchase.

8.9. In accordance with the provisions of Section 59, paragraph 1, lett e) of Italian Legislative Decree 206/2003, the right of withdrawal referred to in this Article is excluded for purchases made by the Customer in relation to sealed Products that are not suitable for return for reason of hygiene or health protection (which include, inter alia, childcare products such as baby bottles and pacifiers, underwear and the swimsuits).

9. Legal warranty of conformity and assistance.

9.1. Should the Products received by the Customer not conform to those ordered or present any defects, the Customer shall be entitled to a restoration of conformity of the Product, by replacement or repair of the same, without bearing any additional costs or expenses. In any case, the Customer may exercise this right only if (i) the defect has manifested within two years from delivery of the good; (ii) the Customer has notified the Company of such defect no later than two months after its discovery; and (iii) the Customer has not yet proceeded to the installation of the Product(s) purchased.

9.2. In any of the situations described above sub Article 11.1, the Customer shall be entitled to request the Company to arrange the replacement or the repair of the defective or non-conform Product. Should this not be possible or be unreasonably expensive, the Customer may require, at their choice, an appropriate reduction of the price or, alternatively, the termination of the agreement and the refund of any amount paid to the Company. In the latter case, the Company, at his own convenience, may collect the Product at its own expenses.

10. Access to the website and cookies.

10.1. The Customer has the right to access the website for consultation and making purchases. No other use of the website or its content is permitted, in particular commercial uses thereof. The integrity of the elements of this website, whether visual or sound, and the technology employed remain the property of the Company and are protected by intellectual property rights.

10.2. The website www.ginnibo.com uses “cookies”, i.e. electronic files that record information about the Customer’s browsing of the website (e.g., pages viewed, date and time of viewing, etc.) and allow the Company to provide a customised service to its customers.

10.3. The Company informs the Customer of the possibility to disable the creation of such files, by accessing their internet configuration menu. It is understood that this shall prevent the Customer from making any online purchases. In any case, for more information see the section of the website containing information about cookies at www.ginnibo.com/pages/privacy-policy.

11. Privacy and data protection and processing of Customers’ data. Archiving of the agreement.

11.1. In order to proceed with the registration, the placement of the Order and the conclusion of the agreement the Customer will be required to provide their personal data to the Company.

11.2. The personal data provided by the Customer will be recorded and used by the seller in accordance with Italian law, Legislative Decree 196/2003 (Privacy Code), and European Reg. 679/2016 (GDPR), with the aim of executing each purchase thought the website and, with prior consent, for any activities indicated in the privacy policy provided to the Customer through the site at the time of registration and available on www.ginnibo.compages/privacy-policy.

11.3. The Customer declares that the data provided to the Company during the registration and purchase process are correct and true.

11.4. The Customer may, at their own discretion, update or modify their personal data by sending an express request to the Company or through their personal page on www.ginnibo.com.

11.5. In accordance with Section 12 of the Italian Legislative Decree 70/2003, the Company shall inform the Customer that each and every order submitted is stored digitally/in print in the server/at the registered office of the Company itself in accordance with criteria of confidentiality and security.

12. Severability. Partial invalidity.

12.1. These sale terms are composed of the totality of the articles therein. If one or more provisions of these sale terms is deemed invalid or declared such under law, regulation or following a decision by a competent court, the other provisions shall remain in full force and effect.

12.2. This agreement supersedes any agreement, understanding, negotiation, whether written or oral, previously occurred between the Customer and the Company in relation to the subject of this agreement.

13. Governing law and jurisdiction.

13.1. These sale terms are governed by Italian law.

13.2. Any dispute that is not resolved amicably shall be subject to the exclusive jurisdiction of the Court of the place of residence or domicile of the Customer, if this place is located on the Italian territory.

13.3. In any case, the Customer is informed that it shall be possible to resort to mediation proceedings as referred to in the Italian Legislative Decree 28/2010 to resolve any disputes oncerning the interpretation and enforcement of these sale terms by accessing the following website: https://ec.europe.eu//consumers/ord/main.