Terms and Conditions
CONDITIONS OF SALE - PHOBIA-ARCHIVE.COM
DEFINITIONS
To allow a complete understanding and acceptance of these terms and conditions, the following terms, in the singular and in the plural, will have the meaning indicated below:
GIELLE s.r.l.: the owning company with registered office at Via Vincenzo Capelli, 6 - 20124 Milano (P.IVA 05722670725), represented by the Sole Director Gorgoglione Luigi, born in Barletta (BT) on January 9, 1966;
phobia-archive.com: the website managed by GIELLE s.r.l. It is an ecommerce platform for purchasing clothing and accessories produced either internally or by third parties;
Products: the products and/or services offered through phobia-archive.com;
User: the subject who accesses phobia-archive.com, regardless of legal nature and purpose, interested in the Products offered through phobia-archive.com;
Consumer: natural person acting for purposes unrelated to any entrepreneurial, commercial, or professional activity;
Conditions: this contract that governs the relationships between GIELLE s.r.l. and the Users regarding the sale or supply of the Products offered through phobia-archive.com.
STIPULATION, CONCLUSION AND EFFECTIVENESS OF THE CONDITIONS
The purchase contract for the Products is concluded by correctly completing and sending the order form. This form will detail the orderer's information, product order, price, additional charges, payment methods and terms, delivery address, delivery times, the existence of the right of withdrawal, and consent to personal data processing.
Once GIELLE s.r.l. receives the order from the User, it sends a confirmation email or displays a printable order confirmation and summary webpage, which includes the details mentioned above.
The Conditions will not be effective between the parties unless the steps outlined are followed.
GIELLE s.r.l. may modify or update these Conditions, either partially or fully. The User acknowledges and agrees that any changes to these Conditions will apply to orders placed after the date of modification. Therefore, Users are advised to review the Conditions regularly and print a copy for future reference.
REGISTRATION
To use certain features of phobia-archive.com, Users must register by providing complete and truthful data on the relevant registration form and fully accepting the privacy policy and these Conditions. The User must keep their login credentials secure.
GIELLE s.r.l. is not responsible for any loss, theft, or unauthorized use of the User's access credentials.
ACCOUNT CANCELLATION AND CLOSURE
Registered Users can stop using the Products at any time and deactivate their accounts or request cancellation through the phobia-archive.com interface, if possible, or by contacting Customer Service.
In case of violation by the User of these Conditions or applicable legal provisions, GIELLE s.r.l. reserves the right to suspend or close the User’s account at any time and without prior notice.
PURCHASES ON PHOBIA-ARCHIVE.COM
Purchasing products through phobia-archive.com is allowed both for Users who are Consumers and those who are not. According to Article 3, paragraph 1, letter a) of D. Igs. 206/2005 ("Consumer Code"), it is specified that natural persons who purchase Products for purposes unrelated to commercial, professional, or craft activities can purchase the Products.
Natural persons must be 18 years or older to make a purchase.
GIELLE s.r.l. undertakes to describe and present the Products on phobia-archive.com as accurately as possible. However, errors, inaccuracies, or small differences may occur between the website and the actual Product. Any photographs of the Products do not constitute a contractual element and are purely for illustrative purposes.
The User expressly grants GIELLE s.r.l. the right to accept the order even partially, for example, if not all ordered Products are available. In this case, the contract will be concluded only for the Products actually sold.
GIELLE s.r.l. reserves the right to refuse and cancel an order under the following conditions:
- When the Product is unavailable;
- When the payment authorization is denied;
- When an obviously incorrect price is indicated.
PRICES AND PAYMENTS
GIELLE s.r.l. reserves the right to change the price of the Products and any shipping costs at any time. Any such changes will not affect already concluded contracts.
The selling prices of the Products include VAT, if applicable. Any additional taxes or shipping costs will be shown before the purchase is confirmed.
The User agrees to pay the price of the Product in accordance with the terms indicated on phobia-archive.com.
Refunds will be made after verification and inspection of the returned product, using one of the methods proposed by GIELLE s.r.l. and selected by the User, within 14 days from the date GIELLE s.r.l. becomes aware of the withdrawal, unless there are delays in the return.
phobia-archive.com uses third-party tools (Stripe Payment) to process payments, and GIELLE s.r.l. does not handle payment data directly.
If payment authorization is denied, GIELLE s.r.l. cannot fulfill the order and will not be liable for any delay or failure in delivery.
BILLING
Users who wish to receive an invoice must provide billing information during the purchase process and subsequently request the invoice by emailing Customer Service. GIELLE s.r.l. is not responsible for incorrect billing information provided by the User.
METHOD OF DELIVERY OF MATERIAL PRODUCTS
Material Products, meaning tangible goods, will be delivered to the User at the address indicated during purchase. Delivery will occur within the time frame indicated in the order confirmation.
Upon receipt, the User must verify the conformity of the package and the Product with the order. Delivery documents should be signed only after this verification.
If an order exceeds available stock, GIELLE s.r.l. will inform the User via email and confirm whether the Product is no longer available or what the waiting times will be.
GIELLE s.r.l. is not responsible for delays or failure to deliver Products due to force majeure events like accidents, strikes, natural disasters, etc.
GIELLE s.r.l. is not liable for damages incurred as a result of non-performance of the contract due to force majeure, except for a refund of any price paid.
RIGHT OF WITHDRAWAL OF MATERIAL PRODUCTS
Consumers have the right to withdraw from the contract within 14 days from the delivery date of the Products. The User must contact GIELLE s.r.l. Customer Service to initiate the return process. Refunds will be made within 14 days of GIELLE s.r.l.'s receipt of the withdrawal request.
Shipping costs for returns are the User's responsibility and are set at €10.
The Product must be returned in its original condition, unused, and in its original packaging. GIELLE s.r.l. will not accept returns if the product has been used or damaged.
OPTIONAL FORM TO EXERCISE THE RIGHT OF WITHDRAWAL
Return requests must be made via email, including the User's name, order number, and method of return. The User will then receive instructions on how to proceed.
GUARANTEE OF CONFORMITY
All Products sold on phobia-archive.com are covered by the legal guarantee of conformity, as per articles 128-135 of the Consumer Code.
Consumers are entitled to a remedy if a defect in conformity appears within 24 months from delivery. This may include repair or replacement of the Product.
INTELLECTUAL PROPERTY RIGHTS
GIELLE s.r.l. is the owner of the intellectual property rights concerning phobia-archive.com. Unauthorized reproduction of content on the site is prohibited and constitutes an infringement of intellectual property rights.
DISCLAIMER OF WARRANTY
phobia-archive.com is provided "as is" and GIELLE s.r.l. does not provide any guarantees regarding the website’s operation, availability, or freedom from errors or viruses.
LIMITATION OF LIABILITY
GIELLE s.r.l. is not responsible for damages arising from issues beyond its control, including internet failures, third-party fraud, or improper use by the User. The maximum liability is limited to twice the amount paid for the product.
FORCE MAJEURE
GIELLE s.r.l. is not liable for failure to fulfill obligations due to force majeure events such as strikes, technical failures, or natural disasters.
LINKS TO THIRD PARTY SITES
phobia-archive.com may contain links to third-party sites. GIELLE s.r.l. is not responsible for the content of those sites.
WAIVER
No waiver of these Terms will be valid unless expressly stated and in writing.
INVALIDITY OF INDIVIDUAL CLAUSES
If any provision is deemed invalid, the rest of the Conditions will remain effective.
PRIVACY
The protection of personal data is governed by the Privacy Policy, available on the website.
APPLICABLE LAW AND JURISDICTION
These Conditions are governed by Italian law, and disputes are subject to the jurisdiction of the court in the location of GIELLE s.r.l.’s office. Consumers can also appeal to the court in their place of residence.
ONLINE DISPUTE RESOLUTION FOR CONSUMERS
Consumers residing in Europe may use the EU's online dispute resolution platform: http://ec.europa.eu/consumers/odr/
PRICES AND CURRENCY
Prices are in Euros (EUR) unless the User is located in the UK or the US, where prices will be in Pounds (GBP) or Dollars (USD), respectively. Payments are processed in Euros, and exchange rates may vary.
Date: 11/12/2024
This is the updated version of the Conditions of Sale, with the necessary company information changed to reflect GIELLE s.r.l.