Terms and conditions

SUMMARY

This website (or even just: the "Site" or "Site") is managed by GCDS S. r. l.
GCDS is a company under Italian law that operates in constant growth on the world market in the fashion world, with particular reference to streetwear and the luxury market, whose fame, style and image constitute a well-known and recognized reference point of global haute couture. In the Site and in these Terms of Service, the terms "we" and "our" refer to GCDS, the term "User" refers to any Consumer who accesses or uses the services through the Site. GCDS offers this Website, including all information, tools and services available from this Site to you, the Users, provided that you agree to all the terms, conditions, policies and notices set forth herein.
By visiting our Site and/or purchasing something from us, you commit to our "service" and agree to be bound by the following terms and conditions of service ("Terms of Service" or "tos"), including the additional terms and conditions and policies referred to herein and/or available via hyperlinks. These Terms of Service apply to all Users of the Site, including, but not limited to, Users who are browsers, vendors, customers, merchants.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Service. If you do not agree to all of the terms and conditions of this Agreement, you may not access the Website or use any of the Services. New features or tools that are added to the current shop are also subject to these Terms of Service. You can check the latest version of the Terms of Service at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website after posting any changes constitutes your acceptance of those changes.
The online e-commerce platform that allows us to sell our products was created by shopify inc.
These general conditions of sale are applicable to all sales of GCDS products concluded remotely through this site. These general conditions of distance selling must be carefully examined by the Customer before the completion of the distance purchase procedure for each product. It is understood that the placing of the purchase order through the site implies total and absolute knowledge of these general conditions of sale and their full acceptance. Therefore, by placing the purchase order, the Customer unconditionally accepts and undertakes to observe, in its relations with GCDS, these general conditions of sale, as well as the conditions of payment, declaring that it has read and accepted all the information provided to it, and also notes that GCDS does not consider itself bound to conditions other than these, unless previously agreed in writing.

SECTION 1 - CONDITIONS OF THE ONLINE SHOP

GCDS products are distributed online by the company GCDS. The online sales system through this site, which presupposes active intervention by the Customer, has been created in full compliance with the regulations on distance selling and in particular with articles 50 et seq. of the Consumer Code (Legislative Decree no. 206 of 6 September 2005 and subsequent amendments and additions). The use of the distance selling process described in these general conditions of sale is reserved exclusively to consumers as defined in art. 3 of Legislative Decree no. 206 of 6 September 2005 and only if resident in all countries in the world except Caribbean Netherlands, Macao SAR China, Russia, South Sudan and Turkey , hereinafter referred to as the "Customer" or "Clients" or even the "User" or "Users" for the sake of brevity).
By accepting these conditions of service, the User declares to be at least the age of majority in his/her state or province of residence, or to be of legal age in his/her state or province of residence. It is absolutely forbidden to: (i) use our products for illegal or unauthorized purposes, (ii) violate any law in your jurisdiction in using the service (including but not limited to copyright laws), (iii) transmit any viruses or any code of a destructive nature.
Violation of any of these Terms of Service will result in immediate termination of service.
The purchase of Products on the Site is therefore only permitted to persons who:

  • are of legal age in their state or province of residence;
  • are Consumers, meaning natural persons who, in relation to the purchase of Products, act for purposes unrelated to the entrepreneurial, commercial, professional or artisan activity they may carry out.
SECTION 2 - GENERAL CONDITIONS

It is not necessary to register an account to make a purchase of goods on this website.
Creating an account on the Site for your online purchases gives you access to numerous benefits, offers and promotions designed specifically for you by GCDS.
By subscribing to the news-letter you will immediately receive a discount voucher from GCDS for your first purchase on the Site.
By making an offer to purchase goods you expressly authorise us to carry out credit checks and, where GCDS deems it necessary, to transmit or obtain information (including any current information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports, to authenticate your identity, validate your credit/debit card, obtain initial credit/debit card authorisation and authorise individual purchase transactions.
GCDS reserves the right, in any case, to limit the multiple quantities of an item shipped to any Customer or address, if it has more than five pieces of the same item inside it or in any case when there is a suspicion that the purchase is not made by a Consumer.

SECTION 3 - PRODUCT ORDERS FROM THE SITE AND PROMOTIONAL CODES

All orders are subject to acceptance and availability, and items in the cart are not reserved and may be purchased by other Customers.
Once the payment procedure has been successfully completed by the Customer, GCDS will immediately inform the Customer of the acceptance of the order, reserving the right to inform the Customer within 10 days of any impossibility of fulfilling the order, followed by the immediate cancellation of the order and the simultaneous release of the amount reserved for payment, due to the goods being exhausted or if there are insufficient guarantees of solvency and if the order does not correspond to normal consumption needs or, finally, due to force majeure.

In fact, GCDS reserves the right to refuse to accept orders if there are proven reasons to do so (e.g. if there is a well-founded suspicion that the purchaser is not a Consumer, or in any case for orders with more than 5 items of the same Product, or for orders worth more than five thousand euros. GCDS shall not be liable to the User or any third party due to the withdrawal of any Goods from the Site or the refusal to process a transaction or to cancel or suspend any transaction after processing has commenced. If we change or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time of ordering.
GCDS may provide promotional codes that offer a discount on products. Promotional codes cannot be used on purchases already made. Promotion codes are not transferable and cannot be converted into cash. In addition, they cannot be used in combination with other promotion codes or offers and must be used by the due date, if applicable. GCDS reserves the right, at any time and without notice, to withdraw and/or change the terms of the promotion codes.
The price of our products published on the website is relative to the single garment, expressed in Euro and inclusive of VAT. In accordance with the provisions of art. 53 of the Consumer Code, the Customer will receive written confirmation at the time of acceptance of his order, stating the information about the products ordered, the amount paid, the details of the price of each product, as well as the existence of the right of withdrawal, of which these conditions of sale already inform.
GCDS points out that prices shown may be subject to change without notice.
GCDS also reserves the right to modify or discontinue the service (or any part or content thereof) at any time without notice.
We shall not be liable to you or to any third party for any change, price change, suspension or interruption of the service.

SECTION 4 - SHIPMENTS

GCDS uses third party logistics companies, in particular DHL, for its shipments and offers a FLAT RATE shipment on all orders shipped to a valid address. When ordering, please select your preferred delivery option before proceeding with your purchase.
All orders are processed and shipped as quickly as possible from the date/time they are placed. Delivery will be made within 1/ 2 working days. During very busy seasons and major launches, shipping may take longer. We will do everything possible to get your GCDS products to you and if you have any questions, please contact us at customercare@gcds.it and we will be happy to answer all your questions.
The shipping costs will be expressly indicated at the moment of the order and will be charged to the customer or to the site manager based on a minimum expense made by the customer indicated on promotional banners on the gcds.it site

SECTION 5 - RIGHT OF WITHDRAWAL AND RETURN POLICY

The User who is a Consumer has the right to withdraw from the purchase contract of the Product, without having to provide any reasons and without incurring costs other than those that follow, within the term of fourteen calendar days.
The withdrawal period expires after 14 days:
a) In the case of an order relating to only one Product, from the day on which the User or a third party, other than the carrier and designated by the User, acquires physical possession of the Product;
b) In the case of a Multiple Order with separate deliveries, from the day on which the User or a third party, other than the carrier and designated by the User, acquires physical possession of the last Product.
In order to exercise the right of withdrawal, the User must inform GCDS before the expiry of the Withdrawal Period of its decision to withdraw.

For this purpose, the User may submit any explicit declaration of his or her decision to withdraw from the contract, indicating the order number, the Product(s) for which he or she intends to exercise the right of withdrawal and his or her address, or using the withdrawal form in Annex I part B of Legislative Decree no. 206/2005.

Following the exercise of the right of withdrawal, the User must return the Products to GCDS, at GCDS c/o FIEGE LOGISTICS ITALIA SRL, Via Juan Manuel Fangio 11, Magazzino Arese 2, Lainate 20020, at without undue delay and in any case within and no later than 14 calendar days from the date on which it notified GCDS of its decision to withdraw; the Product shall be deemed to be returned at the time it is delivered, within the aforesaid term, to the courier indicated by GCDS, or, as the case may be, to the courier chosen by the User.
In the event of exercising the right of free withdrawal, the User will be given the possibility to choose alternatively between a full refund of the amount paid and the issue of a coupon of equal value to be used for a new order on the site by the expiration of the same. The refund, in the manner described above, will be made available to the User within 14 days of receipt of the withdrawal notice by the User and in any case within 10 (ten) working days of the return of the goods.
If the Customer opts for a refund, he may request that the amount be credited to his credit card, or to the PayPal account, with which he made the payment.
It is in any case understood that, according to the provisions of article 67 of the Consumer Code (Legislative Decree no. 206 of 6 September 2005), the substantial integrity of the product is an essential condition for the exercise of the right of withdrawal by the Customer.
Therefore, if the products returned by the Customer are damaged, incomplete, deteriorated and/or used in a manner that does not comply with normal diligence, such as to compromise their substantial integrity, they will not be refunded.
The refund may be suspended until the Products returned have been received and checked.
The withdrawal also applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product.

In the event that the withdrawal has not been exercised in accordance with the applicable legislation, it shall not result in the termination of the contract and, consequently, the Consumer shall not be entitled to any refund. GCDS shall inform the User within 5 working days of receipt of the Product, rejecting the request for withdrawal. The Product, if already received by GCDS, shall remain at the User's disposal for withdrawal, which shall be at the User's expense and responsibility.

In the event that, in one of the legal cases, the right of withdrawal does not apply, this exclusion will be given specific and express notice in the Product Sheet and, in any case, during the purchase process, before the User proceeds to transmit the order. The right of withdrawal, in any case, does not apply to Custom Made Products.

SECTION 6 - EXCHANGE POLICY AND RETURN PROCEDURE

There is no special procedure for the exchange of goods.
If the User, for whatever reason, wishes to change the product received (for example: wants to purchase the same product but of a different size) or wants to exercise the right of free withdrawal referred to in the previous section, he/she must carry out the following return procedure: exercise the right of free withdrawal within 14 days from the date of shipment of the order, return the goods received to GCDS (in compliance with the provisions set out in the previous section), choose alternatively between the refund of the amount paid and the coupon of equal value, which will be valid for a new purchase for 12 months and, in case of change of product, proceed with the new purchase.

SECTION 7 - FAULTY/DEFECTIVE PRODUCTS - LEGAL WARRANTY

The seller is obliged to deliver to the consumer goods in accordance with the contract of sale.
Consumer goods are presumed to be in conformity with the contract if, where relevant, the following circumstances coexist: a) they are suitable for the use for which goods of the same type are normally used; b) they conform to the description made by the seller and possess the qualities of the goods which the seller has presented to the consumer as a sample or model; c) they possess the qualities and performance habitually required of goods of the same type, which the consumer may reasonably expect, taking into account the nature of the goods and, where applicable, public statements on the specific characteristics of the goods made in this respect by the seller, the producer or his agent or representative, in particular in advertising or on labelling; d) they are also suitable for the particular use intended by the consumer and which the consumer has brought to the knowledge of the seller at the time of conclusion of the contract and which the seller has also accepted for conclusive facts.
There is no lack of conformity if, at the time of conclusion of the contract, the Consumer was aware of the defect or could not ignore it with ordinary diligence or if the lack of conformity derives from instructions or materials provided by the Consumer.
The seller is not bound by the public declarations referred to in letter c) above, when, alternatively, he proves that: a) he was not aware of the declaration and could not have known it with ordinary diligence; b) the declaration was adequately corrected by the time the contract was concluded so as to be known to the consumer; c) the decision to purchase the consumer goods was not influenced by the declaration.
The seller shall be liable to the Consumer for any lack of conformity existing at the time of delivery of the goods.
In the event of a lack of conformity, the Consumer has the right to restore, without charge, the conformity of the goods by repair or replacement, or to an appropriate reduction in price or termination of the contract, in accordance with paragraphs 7, 8 and 9 of Article 130 of the Consumer Code.
A minor lack of conformity for which it has not been possible or is excessively costly to carry out the remedies of repair or replacement does not entitle the contract to be terminated.
The Consumer may, at his choice, ask the seller to repair the goods or to replace them, without charge in both cases, unless the remedy requested is objectively impossible or excessively expensive compared to the other.
The seller is liable, in accordance with article 130 of the Consumer Code, when the lack of conformity becomes apparent within two years of delivery of the goods.
The Consumer shall forfeit the rights provided for in article 130, paragraph 2, if he/she does not notify the seller of the lack of conformity within two months from the date on which he/she discovered the defect. The report is not necessary if the seller has acknowledged the existence of the defect or has concealed it.
Unless proved otherwise, it shall be presumed that defects of conformity which become apparent within six months of delivery of the goods already existed on that date, unless this assumption is incompatible with the nature of the goods or the nature of the lack of conformity.
The action to assert defects not maliciously concealed by the seller is, in any case, prescribed within twenty-six months of delivery of the goods.
In the event the User finds a defect in compliance with the above mentioned terms, he/she shall proceed with the notification of the defect within the above mentioned term and shall consequently send back to GCDS what has been received according to the terms and conditions described in sections 5 and 6 above (the shipping costs of the faulty or defective product shall, however, in this case be borne by GCDS), the User being able to choose between the remedies provided for by law and in particular: the full refund of the amount paid, the issue of a coupon of equal value or a new shipment of the same product free of defects or faults (limited to the availability of the same).

SECTION 8 - LIMITED LICENSE AND ACCESS TO THE SITE, ACCEPTABLE USES

GCDS grants you a limited license to use the Site for your personal, non-commercial use only. It is not possible to: (a) resell or make any commercial use of this Site or any content on this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert any content on this Site not intended to be read; (c) copy, imitate, mirror, reproduce, distribute, publish, download, or transmit any content from this Site in any form or by any means; or (d) use any data mining, bots, automated tools or similar methods of collecting and extracting data from the Site's content or to collect any information from the Site or any other User of the Site.
You use this Site at your own risk. You agree that you are personally responsible for your use of this Site and for all communications and activities on this Site. If it is found, in our sole discretion, that you have engaged in prohibited activities or have disrespected other Users or otherwise violated the ToS, we may deny access to this Site on a temporary or permanent basis and any such decision is final and uncontestable.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER CONTRIBUTIONS

Upon our request, you may send us specific proposals (e.g., contest entries) or you may send us creative ideas, suggestions, proposals, projects or other materials, whether online, by email, post or otherwise (collectively: the "comments"), you agree that we may, at any time, without restriction, modify, copy, publish, distribute, translate and otherwise use the comments you submit to us. we are not and shall have no obligation (i) to keep comments confidential; (ii) to pay a fee for the comments; or (iii) to respond to any comments.
We may at any time edit or remove content that we believe, in our sole discretion, to be illegal, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that violates the intellectual property of any person or these Terms of Service.
You agree that your comments will not infringe any third party rights, including copyright, trademark, privacy, personality or other personal or proprietary rights. You also agree that your comments will not contain defamatory or otherwise illegal, abusive or obscene material, or contain computer viruses or other malware that could in any way affect the operation of the service or any related website. You may not use a false email address, pretend to be a different person or otherwise mislead us or third parties as to the origin of any comment. You are solely responsible for all comments made and for their accuracy. We accept no responsibility or liability for any comments made by Users or third parties.

SECTION 10 - PERSONAL INFORMATION

The submission of personal information through the site is governed by our privacy policy. Our privacy policy is available at the following link: //gcds.it/pages/privacy.

SECTION 11 - ACCOUNT, REGISTRATION AND PASSWORD

If you use this Site and/or register by creating an account and/or password, you are solely responsible for maintaining the confidentiality of your account and password and limiting access to your computer. If you register or provide us with any information, you agree to provide us with current, complete and accurate information. GCDS is not responsible for any errors or delays in responding to any request or complaint caused by incorrect, out-of-date or incorrect information provided by you or technical problems beyond GCDS' control. You acknowledge and agree that any login, identifier or password issued in connection with this Site (one "Password" each) is confidential information and should be kept secure. You may not disclose such password to another person or allow another person or entity to access the Site using such password. You must notify GCDS immediately of any breach of security or unauthorized use of your account. GCDS cannot be responsible for, and disclaims any liability in connection with, the use of any information posted or displayed by you on this Site.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions in these Terms of Service, the use of the Site or its contents is prohibited: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful act; (c) to violate any international, provincial or state regulations, rules or laws; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, offend, harm, defame, slander, disparage, intimidate or discriminate on the basis of sex, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to provide false or misleading information; (g) to upload or transmit viruses or any other harmful code that will or may be used in any way that damages or may damage the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or monitor the personal information of others; (i) for spam, phishing, pharming, crawling or web scraping; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to discontinue use of the Service or any related website for violation of any of the prohibited uses.

SECTION 13 - INTELLECTUAL PROPERTY

The use of the Site and its contents does not grant the User any rights in relation to copyrights, designs, trademarks and all other intellectual property and material rights mentioned, displayed or related to the Contents (defined below) on the Site. All Content, including third party trademarks, designs and models and related intellectual property rights mentioned or displayed on this Site are protected by national and international intellectual property laws as well as other laws. Any reproduction, redistribution or other unauthorized use of the Content is prohibited and may result in civil and criminal penalties. You may use the Content only with our express written permission.
In addition to the intellectual property rights mentioned above, "Content" means any design, graphics, photography, including all image and copyright rights, sound, music, video, audio or text on the Site.

SECTION 14 - HYPERLINK POLICY

Please note that the Site may contain links to third party websites. Any such links are provided for your convenience only. The inclusion of any link does not imply affiliation, sponsorship, approval, verification or monitoring by GCDS of any information contained on any third party website. In no event shall GCDS be liable for any information contained on such website or for the use or inability to use such website. You should also be aware that the terms and conditions of such website and the website's privacy policy may differ from those applicable to this Site.

SECTION 15 - GOOGLE AdWORDS

This website uses Google AdWords remarketing service to advertise on third party websites (including Google) to previous visitors to our site or to an audience similar to previous visitors to our site. This may mean that we advertise to previous visitors who have not completed an activity on our site, for example by using the contact form to make a request for information. This could take the form of advertising on Google's search results page or on a site on Google's display network. Third party providers, including Google, use cookies to serve ads based on someone's past visits to the GCDS.IT website. Of course, all data collected will be used in accordance with our privacy policy and Google's privacy policy.
You can set preferences for the way Google advertises using the Google ad preferences page, and if you wish you can opt out of interest based advertising entirely via cookie settings or permanently using a browser plugin.

SECTION 16 - INDEMNITIES AND LIABILITY LIMITATIONS

To the fullest extent permitted by applicable law, GCDS expressly disclaims all warranties, express or implied, including any (a) warranties of merchantability or suitability for a particular purpose or use of the site and its contents, including the information, data, software or products contained therein, or the results obtained from their use or performance, (b) warranties or conditions arising out of the course of the transaction, and (c) warranties or conditions of uninterrupted or error-free access or use. The Site and all its contents and components are provided "as they are" and your use of the Site is at your own risk.
You agree to indemnify and hold GCDS and its subsidiaries, affiliates, officers, directors, agents and employees, unharmed from and against any and all claims, complaints, demands, penalties or losses, including reasonable legal fees, incurred by any third party due to or arising out of your use of the Site, your violation of the ToS or the materials it incorporates, or your violation of any law, regulation, order or other legal mandate, or the rights of any third party.
You agree that in no event shall GCDS be liable to you, or to any third party, for any lost profits, incidental, consequential, punitive, special or indirect damages arising out of or in connection with the Site or the ToS, even if advised of the possibility of such damages, regardless of whether the claim for such damages is based on contract, tort, strict liability or otherwise. This limitation of liability includes, but is not limited to, any (i) errors or inaccuracies in any Content or for any loss or damage of any kind suffered by you as a result of using or relying on the Content; (ii) the transmission of any bugs, viruses, trojans or the like that may infect your equipment, mechanical or electronic equipment failures; (iii) unauthorized access to or use of the Site or GCDS' secure servers and/or any personal and/or financial information stored therein; or (iv) theft, operator error, strikes or any force majeure.

SECTION 17 - THE ENTIRE AGREEMENT

Our failure or inability to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this Site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, between you and us (including, but not limited to, any prior version of the Terms of Service).
If any of these ToS shall be deemed invalid, void, or for any reason unenforceable, such term or condition shall be deemed separately and shall not affect the validity and enforceability of the remaining Terms of Service.

SECTION 18 - APPLICABLE LAW AND JURISDICTION

These Terms of Service and Conditions of Sale shall be governed by and construed in accordance with Italian law, where applicable.
For any dispute that may arise in relation to the interpretation, execution and/or validity of these Terms of Service, the exclusive place of jurisdiction is Milan, where compatible with the provisions of Article 66 bis of the Consumer Code.

SECTION 19 - ALTERNATIVE DISPUTE RESOLUTION

If you are a Consumer and you have submitted a complaint relating to a contract concluded through this site, but it has not been possible to resolve the dispute that is the subject of the complaint, you will be provided with information about the Alternative Dispute Resolution body or bodies for the out-of-court settlement of disputes (so-called ADR bodies, as indicated in articles 141-bis et seq. of the Consumer Code), specifying whether or not we use these bodies to resolve the dispute.
In any case, we inform you that for the resolution of disputes arising from the exact application of the contracts governed by the provisions of Sections I to IV of Chapter I of the Consumer Code, it is possible to resort to mediation procedures, as per Legislative Decree no. 28 of 4 March 2010.
This is without prejudice to the possibility of using the voluntary and equal negotiation procedures provided for in Article 2, paragraph 2, of the same Legislative Decree no. 28 of 4 March 2010.
In addition, we would like to remind you that a European platform for the online resolution of consumer disputes (so-called ODR platform) has been set up. The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform, you can consult the list of ADR entities, find the link to the website of each of them and launch an online dispute resolution procedure for the dispute in which you are involved.
In any case, whatever the outcome of the procedure for the out-of-court settlement of the dispute, it is without prejudice to your rights to apply to the ordinary judge, and, if the conditions are met, to promote an out-of-court settlement of disputes relating to consumer relations through recourse to the procedures set out in Part V, Title II-bis of the Consumer Code.

SECTION 20 - CHANGES TO THE CONDITIONS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, in our sole discretion, to update, modify or replace any portion of these Terms of Service by posting updates and changes to the Site. It is your responsibility to periodically check the Site for any changes. Your continued use of or access to our Website or the Service after posting any changes to these Terms of Service constitutes your acceptance of those changes.

SECTION 21 - CONTACT INFORMATION

Owner of the Site is the Company "GCDS S.R.L. ", with registered office in Milan, Via Nino Bixio n. 42, Tax Code and registration number with the Company Register of Milan, Monza-Brianza and Lodi 09146210969, R.E.A. N. MI-2071764.
Any questions regarding the Terms of Service can be sent at: customercare@gcds.it