These general terms and conditions of sale (hereinafter referred to as "General Conditions") are drafted in accordance with the legislative provisions of the Civil Code, Legislative Decree No. 70 of April 9, 2003, regarding information society services and electronic commerce, and Legislative Decree No. 206 of September 6, 2005 (Consumer Code), and in particular, Chapter I of Title III of Part III (Articles 45 to 67), and govern the offer and sale of products through the website www.gaelle.it (hereinafter referred to as the "Website").
The Gaëlle Paris® branded products sold on the Website (hereinafter referred to as the "Products," also in the singular form) are sold by Dream Project S.p.A., located at Via Forcella, 3 - 20144 Milan (MI), Chamber of Commerce of Milan Monza Brianza Lodi, registered under the number REA 2125635 in the Companies Register, VAT number 06971910721, owner of the Website.
The contents of the Website, such as, for example, works, images, photographs, dialogues, music, sounds and videos, documents, designs, figures, logos, and any other material, in any format, published on the Website, including menus, web pages, graphics, colors, patterns, tools, fonts, and website design, diagrams, layouts, methods, processes, functions, and software that are part of the Website, are protected by copyright and other intellectual property rights. Reproduction, in whole or in part, in any form, of the Website or its contents is prohibited without the express written consent of the Operator or the other holders of the respective rights. Regarding the use of the Website, you are authorized solely to view the website and its contents. You are also authorized to perform all other temporary reproductions, without any economic significance of their own, which are transient or incidental, an integral and essential part of the same display of the Website and its contents, and all other operations of browsing the website that are performed only for legitimate use of the Website and its contents. You are not authorized to make any reproduction, in any way or form, of the Website and its contents. Any act of reproduction must be authorized on each occasion by the Operator or, if necessary, by the authors of the individual works contained on the website or by the holders of exploitation rights. These reproduction operations must be carried out for lawful purposes and in compliance with the copyright and other intellectual property rights of the Operator and the authors of the individual works contained on the website. The authors of individual works published on the Website have the right, at any time, to claim authorship of their works and to object to any distortion, mutilation, or other modification of the works themselves, including any act that harms their honor or reputation. You undertake to respect the copyright of the artists who have chosen to publish their works on the Website or who have collaborated with the Website in creating new expressive and artistic forms intended to be published, even if not exclusively on the website or that are an integral part of it. Furthermore, you are not authorized, under any circumstances, to use, in any manner or form, the contents of the website and each individual work protected by copyright and other intellectual property rights. For example, you may not alter or otherwise modify the contents and protected works without the consent of the Operator and, if necessary, the individual authors of the works published on the Website or the holders of exploitation rights.
2.1 Acceptance of the general terms and conditions of sale and conclusion of the contract
2.1.1 The contract concluded between Dream Project S.p.A. (hereinafter referred to as "Dream Project") and the Customer (i.e., the individual, natural person, who makes the purchase on the Website, not related to their commercial, entrepreneurial, or professional activity) shall be deemed concluded with the acceptance, even partial, of the order by Dream Project. In case of non-acceptance of the order, Dream Project will promptly notify the Customer.
2.1.2 By placing an order in the various ways provided, using the order form on the Website (hereinafter the "Order"), the Customer declares to have read all the information provided during the purchase process and fully accept these general conditions (hereinafter the "Conditions").
2.1.3 The present Conditions can be printed or saved on a durable medium, in compliance with the provisions of Article 12 of Legislative Decree No. 70/2003 and Article 51 of Legislative Decree No. 206/2005, as amended by Legislative Decree No. 21/2014.
2.1.4 The products offered for sale by Dream Project are solely those present on the Website at the time of placing the Order, as described in their respective information sheets.
2.1.5 It is understood, in any case, that the images accompanying the product description sheet are for informational purposes only and may not be perfectly representative of its characteristics, but may differ, for example, in terms of color and dimensions (also due to the browser and monitor used to access the Website and view the images).
2.1.6 In order to place an Order, the Customer must complete all the required fields in the respective form on the Website and submit it after carefully reviewing the Conditions, as well as the characteristics of the product(s) they intend to purchase. The Customer may also request Dream Project, if desired, to issue a tax invoice related to the purchase, in accordance with Article 22 of Presidential Decree No. 633/1972.
2.1.7 The correct receipt of the Order is confirmed by Dream Project through an email response sent to the Customer's provided email address. This confirmation message will briefly state the purchase conditions, as required by applicable regulations, as well as the data entered in the Order by the Customer, so that they can verify the same and promptly communicate any necessary corrections to incorrect data.
3. PRICES AND PAYMENT METHODS
3.1 The prices indicated on the website are inclusive of taxes and VAT. Any shipping costs or payment fees will be communicated to the Customer in advance through the website or these Conditions.
3.2 The following payment methods are available:
The customer can use the PayPal system for payment, following its specific procedures.
(2) Credit or debit card
For purchases made with the Credit Card payment method, the transaction can be processed through the secure server of PayPal or another secure server chosen by Dream Project.
Under no circumstances and at no stage of the payment process will Dream Project have access to the customer's credit card information, as it is transmitted securely directly to the bank managing the transaction. No electronic record of Dream Project will retain such data, and therefore Dream Project cannot be held responsible for any fraudulent or unauthorized use of credit cards by third parties during the payment process.
(3) Cash on delivery (Italy only)
For cash on delivery payments, the payment must be made in cash at the time of product delivery. Cash on delivery payments incur an additional fee of €5 charged to the Customer as collection expenses.
(4) Scalapay (Italy only)
Installment payments are possible through the provider Scalapay ("If you buy with Scalapay, you receive your order immediately and pay in 3 installments. Please note that the installments will be assigned to Incremento SPV S.r.l., related parties, and their assignees, and you authorize such assignment"). Minimum order amount is €5, maximum order amount is €1,500.
4. RIGHT OF WITHDRAWAL
4.1 In accordance with Article 52 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014, the Customer has the right to withdraw from the Conditions and, therefore, from the purchase contract for any reason, without the need to provide reasons and without any penalty, within 14 (fourteen) days from the date of receiving the products.
4.2 To exercise the right of withdrawal as stated in the previous Article 4.1, the Customer must use the appropriate form included in the received package and send the package to a Post Office or PuntoPoste.
4.3 In the event of withdrawal, the Customer can return the products to Dream Project free of charge using the facilitated return method to the following address: Dream Project S.p.A., Magazzino 61, Via Callano, 161/163 Complesso Incà, 76121 Barletta (BT).
Each purchased item is equipped with a special security seal. Once the seal is removed, the item is no longer eligible for return, and only items with the intact seal will be accepted.
The merchandise must be returned in its original condition, without removing the warranty seal, complete with all its parts and in the original packaging (envelopes and boxes), stored and possibly used for the strictly necessary time to determine and verify its nature, characteristics, and size, with normal diligence, without any signs of wear or dirt. It is only possible to request a return for a change in size and/or color. It is not possible to request a replacement with different products. If the requested exchange order also does not meet expectations, the customer can exercise the right of withdrawal and make a second exchange at their own expense. The processing time for exchanges may vary from 7 to 10 business days.
The right of withdrawal applies to the purchased product in its entirety. It is not possible to exercise withdrawal only for part of the purchased product (e.g., accessories, complements, etc.). In the event of damage to the goods during transportation, the Customer may promptly report the incident to the courier and obtain the corresponding refund. Dream Project will not be liable in any way for damage, theft, or loss occurring during or as a result of the return shipment.
It is not possible to return an item purchased online to a physical store.
4.4 Dream Project will refund the Customer the full amount already paid, net of any additional shipping costs in accordance with Article 56, paragraph 2 of Legislative Decree 21/14), within 30 (thirty) days from the date of receiving the article, by reversing the charged amount, using the same payment method used by the Customer for the initial transaction, unless otherwise agreed. In the case of cash on delivery payment, the Customer must provide their IBAN and the account holder's name for the reimbursement of the purchase amount. The Customer will not incur any costs as a result of the refund, except in cases where the Customer has already returned the item more than once (general return, size and/or color exchange); in such cases, the Customer will bear the return shipping costs.
Dream Project may suspend the refund until the receipt of the returned product or until the Customer provides proof of having correctly returned the product.
4.5 In any case, the Customer will forfeit the right of withdrawal if Dream Project determines that: the returned product and/or its accessories and/or its packaging are not intact; the product is missing its outer packaging and/or original internal packaging; the product is missing essential elements and/or accessories (e.g., closures, laces, buckles, etc.).
In the event of forfeiture of the right of withdrawal, Dream Project will return the purchased product to the sender, charging them for the shipping costs and, if already refunded, the price of the product.
4.6 For all EU orders, the first return is free of charge; the customer must return the merchandise within 14 (fourteen) days from the date of receiving the products. Only the first return and/or size/color exchange are free, as specified in the previous points.
For all non-EU orders, the merchandise can be returned at the expense of the end customer by choosing the preferred courier and shipping method. The customer must return the merchandise within 14 days from the date of receiving the products. In the case of returns from non-EU territories, any customs duties and charges related to the clearance procedure will be deducted from the total refund amount. Size/color exchanges are not available.
5.1 All products sold by Dream Project are covered by a 24-month warranty for conformity defects, in accordance with Title III of Legislative Decree 206/2005. To avail themselves of warranty assistance, the Customer must keep the invoice or payment receipt together with the shipping document.
5.2 The warranty for conformity defects applies as long as the product has been used correctly, in accordance with its intended use and the instructions for use and washing provided with the product.
5.3 In the event that, for any reason, Dream Project is unable to provide the Customer with a warranted product (repaired or replaced), or if the repair or replacement would be excessively burdensome, taking into account the value of the product, Dream Project may proceed with an appropriate price reduction or refund the entire amount paid, thereby terminating the contract.
5.4 In cases where the warranty requires the return of the product, the Customer must return it in its original packaging, complete with all its parts (including packaging and any accompanying documentation and accessories).
6. COMPLAINTS AND INFORMATION REQUESTS
Any complaints or information requests can be addressed to Dream Project using the following contact details: Dream Project S.p.A., Via Forcella, 3, 20144 Milan (MI), phone: (+39) 0287166773, email: firstname.lastname@example.org.
8. APPLICABLE LAW
8.1 The sale contract governed by these Terms and its performance shall be governed by Italian law, with the exclusion of conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods. The competent court for the resolution of any disputes shall be the court of the Customer's place of residence.
8.2 We would like to inform you that the European Commission provides a platform for online dispute resolution, including cross-border disputes, which can be accessed at http://ec.europa.eu/odr.