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TERMS OF USE

Terms of use

We hereby illustrate the methods for accessing and using www.gaudi-fashion.com. The activities described below, along with the purchase of the products via "GAUDÌ Online Store", require the understanding and acceptance of the following "Terms and conditions of use". This website is managed and maintained by GAUDÌ TRADE S.p.A ("GAUDÌ”), a company with registered offices in Via Nuova Ponente 29, 41012 Carpi (Modena), Italy. In the Customer Service area, information can be found on how to place orders and return the products purchased via our Online Store, on the shipping methods offered and on how to obtain reimbursements in the event of the return of the purchased goods, on the website registration form as well as suggestions and general information on services which can be availed of, consulting the website. Customer Services will be available via the "Contacts" section in the "Customer Services" area, in the event that sufficient clarification to your questions cannot be found. GAUDÌ reserves itself the right to up-date or amend these Terms and Conditions of use, in part or in full. Any changes will become effective as soon as they are published in this section of the website. Therefore, we ask you to access this area regularly so as to check the up-dates, and in the event of non-agreement with the following, we request you not to use the website. Access to and use of the website, as well as the viewing of the web pages, communication with GAUDÌ and the possibility of downloading information on the products or purchasing them, represents activities carried out by our users for strictly personal purposes, extraneous to any commercial, business and/or professional activities. The user shall therefore be personally responsible for the use of the website and its contents. In fact, GAUDÌ cannot be considered responsible for use of the website and its contents which is not compliant with the current law provisions by any of its users, subject to liability for fraudulent intent or gross negligence. Furthermore, the user shall be the only party responsible for the communication of incorrect or untrue data or information, relating to third parties who have not expressed their consent in this connection, as well as in consideration of incorrect use of the same. In conclusion, since the material will be downloaded or obtained via the use of the website as per the decision and at the risk of the user, any liability for possible damages to computer systems or losses of data emerging from the download operations will be the user's and cannot be assigned to GAUDÌ , which declines any responsibility for possible damages deriving from impossibility to access the services on the website or any damages caused by viruses, damaged files, errors, omissions, service interruptions, cancellation of the contents, problems associated with the networks, providers or telephone and/or online connections, unauthorised access, data alterations, lack of and/or faulty functioning of the electronic equipment of said user. We also invite you to carefully read the document on Privacy, which illustrates the data collection methods and those for the use of the personal details of the users which consult and use out website.

Trademarks, brand names and intellectual property rights

All the trademarks (Gaudì, Gaudì Fashion, Gaudì Jeans, GJ Gaudì Jeans, Almagores, Gaudì Shoes & Accessories, Gaudì Kids) and distinguishing signs which characterise the products on the website, are registered trademarks of the respective owners and are used on these pages for the purpose of identifying, describing and promoting the products on sale. The use of the trademarks is reserved exclusively for GAUDÌ and the respective owners, if differing from GAUDÌ. The use of logos or other distinctive features so as to gain advantage from their repute or cause damage to the same and their owners, is expressly prohibited. All the contents of the website, such as for example the logos, icons and graphics in their entirety, texts, photographs and videos as well as the software and processes (the "content"), are the property of and/or licensed by GAUDÌ, and are protected by copyright laws and by any other intellectual property right. Therefore, the reproduction of the Content of the website is prohibited, in any part or to any extent, without the express written authorisation of GAUDÌ or, in the specific cases, by the authors of the individual works contained within the same. In detail, with regard to the use of the website, the users will be exclusively authorised to view the web pages and their contents. Acts of temporary re-production, those lacking inherent economic significance, considered transitory or accessory, as an integral and essential part of said viewing of the website and its contents and all the other navigation operations on the website which are carried out solely for legitimate use, are by contrast authorised. These operations will in any event have to be carried out for licit reasons and in observance of the copyright and the other intellectual property rights of the administrator and the authors of the individual works contained therein.

Links from and to other websites

The website may host hypertext links ("links") to other websites, which are not in any way linked to our website and which therefore are not disciplined by the following Terms and conditions of use and regulations on personal data processing. The Administrator does not control these websites or their contents and therefore cannot be held responsible. The activation of the Links to other websites is understood as solely for the purpose of facilitating the users in the search, navigation and connection via internet to other websites. In the event third parties are interested in activating links which lead to the Home page of the website and/or other web pages publically usable of the same, you are kindly requested to direct your requests to GAUDÌ via the "Contacts" area in the "Customer Services" section so as to activate the procedure for the issue of consent for the hypertext link. Activation is granted by ourselves, without any request for compensation and without any guarantee of exclusivity. GAUDÌ has the right to oppose the activation of hypertext links directed to its website in the event that the applicant has implemented, or it is deemed they may implement in the future, unfair commercial practices or in any event those not compliant with the sector customs such as for example unfair competition or smear campaigns against GAUDÌ , the website or the services offered on the same. The activation of deep hyperlinks on the website is however prohibited, such as deep frames and deep links, and therefore the use of meta-tags without the consent of GAUDÌ is not authorised in any way.

Disclosure regarding the contents

GAUDÌ has adopted every expedient so as to avoid that the advertising material published on the website may refer to, describe or portray acts of physical or psychological violence or which may offend the sensitivity of the users who visit the website, thereby damaging civil beliefs, human rights and the dignity of individuals, in all its forms and expressions. However, it is not guaranteed that the contents of the website may be deemed licit, legal and/or appropriate for countries outside Italy. In the event that the material contained on our website does not respect the afore-mentioned conditions for the country of residence, we kindly ask our users not to consult our web pages or, in the event they decide to access the same, we hereby disclose that the use of the website and the services provided via the same will be the exclusive and personal responsibility of the user. GAUDÌ takes all useful precautions for the purpose of ensuring its users that the contents of the website are accurate and that they contain correct and up-to-date information both at the time of publication and subsequently, insofar as this is possible. However, the undertaking of any liability vis-à-vis the user is not envisaged with regard to the precision and completeness of the contents published on the website, except in the event of fraudulent intent or gross negligence or in any event any matters envisaged otherwise by law. Technical and organisational measures are implemented on our website, which safeguard the security of the services offered, the integrity of the data relating to the traffic and the electronic communications with respect to the forms of use or cognition not permitted as well as to avoid risks of dispersion, destruction or loss of data and information, confidential or otherwise, relating to its users, present on our website, or unauthorised access or that not compliant with the law, to the same data and information.

Maintenance and interruption of the service

GAUDÌ has adopted every expedient so as to avoid that the advertising material published on the website may refer to, describe or portray acts of physical or psychological violence or which may offend the sensitivity of the users who visit the website, thereby damaging civil beliefs, human rights and the dignity of individuals, in all its forms and expressions. However, it is not guaranteed that the contents of the website may be deemed licit, legal and/or appropriate for countries outside Italy. In the event that the material contained on our website does not respect the afore-mentioned conditions for the country of residence, we kindly ask our users not to consult our web pages or, in the event they decide to access the same, we hereby disclose that the use of the website and the services provided via the same will be the exclusive and personal responsibility of the user. GAUDÌ takes all useful precautions for the purpose of ensuring its users that the contents of the website are accurate and that they contain correct and up-to-date information both at the time of publication and subsequently, insofar as this is possible. However, the undertaking of any liability vis-à-vis the user is not envisaged with regard to the precision and completeness of the contents published on the website, except in the event of fraudulent intent or gross negligence or in any event any matters envisaged otherwise by law. Technical and organisational measures are implemented on our website, which safeguard the security of the services offered, the integrity of the data relating to the traffic and the electronic communications with respect to the forms of use or cognition not permitted as well as to avoid risks of dispersion, destruction or loss of data and information, confidential or otherwise, relating to its users, present on our website, or unauthorised access or that not compliant with the law, to the same data and information.

Commercial Policy

GAUDÌ 's commercial policy and thus its final aim involves the sale of goods or the supply of services via its website solely to the "end consumer", the latter being understood to be individuals or corporate bodies which operate on the website for purposes which do not involve resale. Therefore, we kindly ask those who do not fall under this definition to refrain from using these channels for the purchase of our products and we reserve ourselves the right to cancel the purchase orders from the same or those which in any event do not observe our Terms and Conditions of Use and Terms and Conditions of Sale. Applicable law and Settlement of disputes Should any disputes arise with regard to the following Terms and Conditions of use between GAUDÌ and its customers, the Legal Authorities identified as per Article 63 of Italian Legislative Decree No. 206/05 shall have jurisdiction.

Input of the content

INTRODUCTION

In this document we will illustrate the guidelines regarding the contents deemed suitable for publication on www.gaudi-fashion.com (hereinafter "GAUDÌ"). The information which follows involves fundamental rules for participation in GAUDÌ. We reserve ourselves the right to occasionally change and up-date the documents in these pages, and accordingly we request you to carefully read the matters illustrated below before publishing reviews or comments in the website. GAUDÌ is pleased to accept the users' participation with regard to input on the website. However, you are hereby reminded that the web pages of GAUDÌ are visible to all and consequently all that which the users submit remains under their sole and legal responsibility. The area dedicated to the users is made available so as to exchange advice and leave reviews with regard to the articles. Unless authorised by GAUDÌ in writing, it must not therefore be used for commercial purposes, whether this involves the promotion of goods or services, market surveys or chain messages. We request users to report, using the dedicated channels, any content which may be deemed inappropriate or not in line with the matters described in this document, in any event seeking not to abuse the "Contacts" function, especially for the forwarding of reports which are defamatory and/or not pertinent.

Registration and personal information

Each user is permitted to register just once. The information present in the profile, along with the registration data as well, must be up-dated. It is necessary to use an active and functioning e-mail address, so as to receive the e-mail required to complete the registration or because it may be necessary for GAUDÌ to contact its users. Responsibility for the account is personal and accordingly we hereby ask you not to divulge your access details. In the event of suspected use of one's account by unauthorised parties, please inform us promptly so as to be able to intervene and sort out the situation. The personal details provided during registration on the website will be processed according to our Privacy disclosure. We hereby invite the users to read the same before registering.

Privacy, confidentiality and observance

The privacy of our users is important: the publication of confidential information of other users is not permitted, such as telephone numbers and/or addresses, or in any event any other detail which may be used to contact other users. The account for accessing the website is personal. In no event is the use of an account which is not yours, pretending to be other users or members of GAUDÌ staff, permitted. Before publishing content, it is as well to ensure that one has the necessary authorisations for proceeding with the disclosure of the same. The information and contents in the website, once published, are visible to all. Therefore, it will be opportune to reflect on just what one wishes to share

Comments

The website may be visited by users from other countries and cultures: before publishing any comment, we therefore request you to check the pertinence and language, moderating the same in the event it is too strong or clarifying that which may be dubious or misunderstood. Respect and good sense are at the basis of any interaction which will take place on GAUDÌ. Insults vis-à-vis other users and/or disputes on the removal or moderation of the comments sent will in no way be tolerated. With regard to any doubts or clarification which are not dealt with, in the event one desires to remove comments already inserted or one wishes to report violations with regard to the following regulations, we invite the users to forward their requests to the following address: cs@gaudi-fashion.com As a rule, all that which will be deemed offensive, defamatory, threatening, false, advertising, misleading, discriminatory, blasphemous, indecent, obscene, racist or of a sexual nature and any reference to the privacy of the users, which may therefore be interpreted as a violation of the confidentiality of third parties, will be eliminated. Furthermore, the publication of material which may cause concern, anxiety or apprehension in other users, or further still which instigates violence or racist or religious discrimination, is not permitted. Furthermore, the disclosure via our webpage of contents which are deemed to be as follows is also prohibited: Violation of intellectual property rights, whether they are copyrights or trademarks; Publicity regarding products and/or services, such as for example links which re-direct to other websites and/or web pages; Misleading and/or which permit the user to pass themselves off as another; Detrimental for any legal proceedings underway, of which the user is aware; Technically damaging, such as for example computer viruses, Trojan horses, worms, etc. etc.; Violations of the conditions of use, the terms and conditions of sale, the privacy policy and/or any other instructions. In no event is it permitted to get round the protection and/or security measures we have set up for the purpose of the protection and functioning of the website; it is also expressly prohibited to once again input contents which have already previously been input and removed from the website. GAUDÌ reserves itself the right to check and consequently publish, amend and eliminate, in full or in part, all the material and information introduced by the users. By publishing the material on the website, the user agrees to provide GAUDÌ with a licence exempt from payment of dues, irrevocable and non-exclusive worldwide. The user also hereby declares that it has the faculty to be able to grant GAUDÌ this licence. Via this licence, GAUDÌ acquires the possibility of amending, adapting, using, copying, publishing, translating, taken cues and inspiration from, communicating and distributing the material transmitted by the user, via any form and means of communication. Always observing the matters permitted by law, the user waives any moral right with regard to the material forwarded. For example, this means that GAUDÌ may continue to publish the contents of its users, or part of the same, also in the event that the user has changed idea or further still after the cancellation of their registration on the website. GAUDÌ may remove the contents introduced by the users even if these are not in violation of the instructions or the terms and conditions described herein.

Removal of the contents and suspension of the account

If the contents published by the users are deemed as in conflict with or violation of the regulations or conditions described herein, GAUDÌ may remove them. The removal of the contents will be total: even if just one sentence of the comment is deemed as of questionable taste, this will be eliminated in full. Likewise, GAUDÌ shall proceed with the removal of an entire subject or profile, even if just one aspect emerges as inappropriate. The reasons for the removal may be manifold; as a rule, the reason lies in violation of these regulations, or because a report has been received in this connection. In certain cases, it may be appropriate to eliminate a comment because it is linked to another content which must be eliminated. We are certain that our users understand that, if we receive an appropriate report, we may have to remove a comment for legal reasons, whatever the nature of the same. In the event of removal of content, we may inform the user if their account has been suspended or disabled. In any event, further to the removal of the content, re-introduction of the same is prohibited. The suspension of an account may take place for various reasons, as a rule we reserve ourselves this right in the event that the terms and conditions and the publication instructions contained in this document are expressly and repeatedly violated and/or in the event of serious lack of respect vis-à-vis the general public, other users and GAUDÌ and its co-workers. The duration of the suspension will depend in the circumstances that led to this decision by GAUDÌ , and in general will be applied in extreme cases or cases of persistent reiteration. In the event of suspension, you are strictly prohibited from making another registration, as well as using the account of others to publish contents without GAUDÌ 's authorisation.

Sales terms and conditions

SCOPE

1. The following text shows the general terms and conditions applicable to each order and purchase of garments and accessories on www.gaudi-fashion.com (hereinafter "website") managed by GAUDÌ TRADE S.p.A., a company with registered offices in Italy, Via Nuova Ponente 29, 41012 – Carpi (Modena) (hereinafter "GAUDÌ").

WARNING

2. Users are asked to carefully read these Terms and Conditions before proceeding to make purchases on this web

3. In confirming the purchase, the user states:
a. Having read, understood and accepted all the following Terms and Conditions;
b. That the order placed on the website is for personal use only and that he/she does not intend retailing such assets through a sales or business activity. He/she therefore states that he/she is the "end consumer";
c. That GAUDÌ is authorized to store, process and transfer to third parties and/or abroad the information contained on the online purchase form, in order to put the company in a position to fully execute the requested order.

4. This way, GAUDÌ undertakes to ensure the information on the website is precise and updated, even though no absolute guarantee can be provided in this sense. The user understands and accepts that the products could differ to some extent from the specifications and/or photos on the website.

5. The following Terms and Conditions shall not apply in the event of links and/or banners being present on the website referring to the supply of services or the sale of products by parties other than GAUDÌ . In these cases we suggest users check the Terms and Conditions section on their website before placing orders with such parties. GAUDÌ disclaims all liability for the conclusion of e-commerce operations between users of our website and third parties.

ORDERS

6. A sales contract is said to be concluded once GAUDÌ has sent a written confirmation of dispatch to the email address indicated by the user on the online order form.

7. In the case occurring of a garment appearing on the User's order which is no longer available, GAUDÌ shall be under no obligation to supply the product, but shall merely be responsible for immediately notifying the situation to the user. In the case of availability being limited only to one part of the products indicated in the order, GAUDÌ will contact the user to ask whether the latter intends completely cancelling the order or whether he/she wishes to only receive the available goods. Naturally, in this latter case, the amount referring to the unavailable goods will be refunded to the customer.

PRICES AND PAYMENTS

8. The sales currency for all countries is the euro. The amount charged in euro will be that displayed on the order statement. GAUDÌ will in any case try and make sure that the prices indicated on the website are always exact and updated.

9. Shipment costs could differ according to the country to which dispatch has to be made and these will be charged when the order is dispatched, according to the shipment rates indicated on the dedicated page.

10. The user shall pay the requested amount at the time of order confirmation, in the event of payment made by credit card or PayPal. In the event of cash payment (CoD) being available in the country from where the order is sent, and of the user wishing to avail itself of this option, we advise keeping the precise amount, inclusive of CoD charges, available to pay to the carrier. We do not accept credit cards issued in countries different of the destination.

DELIVERIES AND SHIPMENTS

11. The carrier appointed by us will deliver the goods to the address the user indicates on the order and, in case of purchase in Guest user mode, to the address indicated by the user to Paypal.

12. GAUDÌ and the companies appointed to make transport undertake to comply with the delivery schedules indicated on the dedicated page. Please be informed that delivery times can vary depending on the country, weather conditions and/or national holidays.

13. GAUDÌ reserves the right to verify, suspend or completely cancel, at its own discretion, the fulfilment of any of the obligations deriving from the sales contract. This in the case of fraud, default or infringement of the obligations by the user being presumed with respect to GAUDÌ by means of previous sales contracts.

14. If the goods have to pass through customs in the country of destination and the user, for any reason, no longer wanting to receive the order once this has reached the customs, GAUDÌ will not refund the price of the products which will be abandoned on site.

RIGHT OF WITHDRAWAL

15. The products purchased on the website may be returned without any further charge within 14 days from the delivery date.

16. Upon receipt of the goods at GAUDÌ , the sales contract shall expire together with all relative obligations, rights or claims. In the event however of the products returned by the customer being damaged or not in conformity with the conditions required for return, GAUDÌ shall be entitled to offset such damage by withholding the payment of the products already made by the user.

17. The following conditions shall be added to whatever already indicated in the previous paragraphs (15-16):
a. The user who intends returning one or more garments shall send, within 14 (fourteen) workdays from their date of receipt, a request for authorisation to return goods through the order summary page in order to obtain a return authorisation number ("RAN"). For instructions on how to return a product, refer to the "Return" section in the customer service area;
b. After receiving the RAN number, the products must be sent back to GAUDÌ in a single dispatch within 5 (five) days from the date of authorization;
c. The returned goods must be in the same identical condition in which they were received: they must not therefore show signs of wear or damage;
d. The product identification label and the single-use seal are an integral part of the purchased garment. In case of returned goods, these parts must still be attached to the products and not have been tampered with;
e. Returned products will only be accepted if contained inside original packaging. Together with the garments any removable accessories and/or instruction manuals deemed an integral part of the garment shall also be returned.
f. On the return package, always clearly indicate both the consignee, GAUDÌ, and the Return Authorisation Number (RAN) so as to prevent loss. In case of the returned package not being delivered, GAUDÌ will ask the customer for proof of delivery, meaning the slip showing the signature of whoever received the returned pack. If the customer is unable to provide proof of delivery, no refund can be made.

18. After checking the integrity of the returned products, GAUDÌ will confirm to the user by email that the return procedure has been successfully completed and that the refund of the amount of the returned goods will be reaccredited, within 30 (thirty) subsequent days, on the credit card in case of electronic payment, or, in case of cash payment, the amount will be returned by bank transfer to the current account number provided by the customer during the course of refund procedures.

19. In the event, during the refund phases, of the above conditions not being complied with, GAUDÌ shall be unable to make the refund in favour of the user. The user shall still be entitled however to withdraw the garments from the GAUDÌ warehouse, at its own expense. In the event of the user not asking for the garments to be returned within 30 (thirty) days from the date of notification of non-acceptance of the returned goods by GAUDÌ , the latter shall be entitled to withhold them together with the amount paid during the purchase phase.>

WARRANTIES AND LIMITED LIABILITY

20. In case of products showing faults, the warranty shall only cover the user's right to receive a refund equal to the amount paid for the garment. The fault must be promptly notified and explained to GAUDÌ through the address cs@gaudi-fashion.com, within 2 (two) months at the latest from when the fault was found. The quality of each individual product is carefully checked before shipment. In case of a faulty product being withdrawn, GAUDÌ shall pay the costs of returning the product to the company, including in the case of countries where returned goods are to the customer's charge.

21. The returned product will be examined to determine the nature of the fault. In the event of such fault being acknowledged by GAUDÌ, the user will receive an email message of acceptance of the fault and this will give rise to the refund procedure as indicated in paragraph 18.

22. Except for the above warranty and mandatory applicable laws, GAUDÌ disclaims all further liability with respect to the user.

23. The price paid by the user when purchasing the product represents the max limit of total responsibility attributable to GAUDÌ

GENERAL INFORMATION

24. In the event of one or more paragraphs in this document being nullified, illegal or ineffective, this shall not result in the complete inapplicability of the Terms and Conditions. The paragraphs in question shall be amended or replaced so as to take into account the intention and contents of same, while complying with and pursuant to applicable regulations.

25. These Terms and Conditions are regulated by the laws of Italy, and more specifically law decree nr. 206/05 regarding the consumer code, with special reference to laws on distance contracts, and law decree nr. 70/03 on certain aspects regarding e-commerce.

26. In the event of any disputes regarding the following Terms and Conditions between GAUDÌ and its users, the jurisdiction shall be recognized of the Legal Authority identified according to art. 63 of law decree nr. 206/05.

GENERAL INFORMATION

27. This document containing the Terms and Conditions of use can be updated and re-adapted above all in consideration of any amendments made to applicable laws. The amendments shall be valid from when they are published on this website page. Users are therefore invited to regularly check this section.

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