Terms and conditions

 

Rights of intellectual and industrial property

All the site content is copyrighted and protected by applicable rules on copyright and industrial and/or intellectual property. By way of example, but not limited to it, as site content must be considered:

• texts

• any graphic representation and/or texts in general

• photos

• videos

It is strictly forbidden any reproduction, modification, transmission, publication and/or redistribution of the contents of this site without the express written permission of Gibot srl, except for printing activities, downloads and views of the site content made exclusively for personal and non-commercial purposes and provided that the content is not modified in any way and the included information relating to industrial and intellectual property rights are kept.

Gibot srl gives notice that it is absolutely forbidden to use all distinctive signs in ownership of Gibot srl.

These general terms and conditions are governed exclusively by the Italian Law.

Protection Of Personal Data

Pursuant to article 13, legislative degree n. 196/03 and subsequent amendments and integrations (“Privacy Code”) , we inform you that your personal data will be processed with electronic means from Gibot  srl with registered office in Via Nomentana 457,473 00162 ROMA (RM), P.IVA, Codice Fiscale 03537831004 and number of registration in the business register of Roma,  Rea 672227, in the person of its legal representative pro tempore acting as data controller for the purposes of the execution of contracts, execution of requests and of the provision  of the services required as well as for the fulfilment of obligations under national and/or of the Community laws and regulations.

The lack of the compilation of the compulsary fields marked with an asterisk (*) will make it impossible to Gibot  srl to continue providing the services requested by you.

The supplied personal data will be handled for sending newsletters and promotional material, too. In connection with this you will be asked to give your consent to its processing. Your personal data may be communicated to third parties in relation to Gibot  srl within the limits and for the purposes indicated above. We inform you that at any time you may exercise the rights represented in the article 7, Privacy Code, sending an e-mail to customercare@gibot.it. We invite you however to upgrade your data in case of variations and to read the full text of the statement below.

Article 13 (D. Lgs. 30th June 2003, n. 196): Statement

1. The person concerned or the person from whom personal data are collected shall be preliminarily informed orally or in writing about:

1.1 The purposes and methods of processing for which the data are intended

1.2 The compulsory or optional nature of the provision of the data

1.3 The consequences of a refusal to respond

1.4 The subjects or categories of subjects to whom the personal data may be communicated or entrusted and the purpose of dissemination of the given data

1.5 The rights of the article 7

1.6 The identification data of the data controller and, where designed, of the representative in the State’s territory pursuant to article 5 and of the person in charge. When the owner has designed more responsibles, at least one of them is indicated, indicating the site of the communication network or the modalities through which it is easily known the updated list of data processors. When a manager for aknowledgement of the interested was appointed, operating the rights referred to in article 7, such director is designed.

2. The statement referred to in paragraph 1 also contains the elements foreseen by specific provisions of this code and may not include elements already known to the person providing the data or whose knowledge can hinder the exercise by a public subject of inspection or audit undertaken for purposes related to defence or State’s security or prevention, detection or repression of crime.

3. The Guarantor may identify, with precise measure, simplified procedures for the provided statement, in particular from telephone services of assistance and information to the public.

4. If the personal data are not collected from the data subject, the statement as per paragraph 1, including the categories of processed data , is given to the same person when registering data or, when their communication is envisaged, no later than the first communication.

5. The arrangement referred to in paragraph 4 shall not be applied if:

5.1 The data are processed according to an obligation under the law, regulations or Community legislation.

5.2 The data are processed for the purposes of carrying out defence investigations, pursuant to law 397, December 7th, 2000, or, anyway, to assert or defend a right in court, provided that the data are processed exclusively for the said purposes and for the period strictly necessary for their pursuit.

5.2 The statement to the data subject involves the use of means that the Guarantor, prescribing any appropriate measures, declares clearly disproportionate to the protected right, that proves in the Guarantor’s opinion, it is impossible.

Article 7 (D. Lgs. June, 30th 2003, n. 196): Right to access personal data and other data

1. The interested party has the right to obtain confirmation of the existence or not of personal data concerning him/her, even if not yet recorded, and their communication in an intelligible form.

2. The interested party has the right to obtain information about:

2.1 The origin of personal data

2.2 The purposes and methods of treatment

2.3 The logic applied in case of treatment carried out with the help of electronic instruments

2.4 The identity of the holder, the responsibles and the designed representative pursuant to article 5, subparagraph 2

2.5 The subjects or categories of subjects to which the personal data may be communicated or who may come to know them in their capacity as designated representative in the State’s territory, managers or agents

3. The interested party has the right to obtain:

3.1 Updating, correction or, when there is interest, integration of the data

3.2 The cancellation, transformation into anonymous form or blocking of the data treated in violation of law, including those of which it is not necessary the maintenance in relation to the purposes for which the data were collected or subsequently processed

3.3 Certification that the operations as per letters a) and b) have been notified, as also related to their contents, to those to whom the data were communicated or disseminated, unless this requirement proves to be impossible or involves on the use of means that are manifestly disproportionate to the protected right

4. The interested party has the right to oppose wholly or partly:

4.1 On legitimate grounds, to the processing of personal data concerning him/her even though relevant to the purpose of collection

4.2 To the processing of personal data concerning him/her for the purpose of sending advertising materials or direct selling or for carrying out market researches or commercial communication.

Conclusion of the contract

The contract between Gibot srl and the customer shall be considered concluded with the acceptance of the order by Gibot  srl and, anyway, except good late payment. By filling in the online order, the customer declares to have read all the information provided during the purchase procedure, and to fully accept the general conditions herein below.

Once the online purchase procedure is finished, the customer will print or save an electronic copy or save these general terms and conditions and, if the customer is a consumer also in respect of the provisions of articles 52 and 53 of the D. Lgs. 6th September 2005, n. 206 (“D. Lgs. N. 206/2005”).

Payment methods

The payment for the products purchased online by the customer will be made using the modality chosen at the side of the order. Nothing more will be due by the customer in relation to the total of the order shown at the end of the purchase procedure. In case of acceptance of the order for products to be delivered outside the Italian territory, the amount corresponding to the cost of the ordered products will be increased of any shipping charges, and of the taxes, if required by the legislation of the country of destination of the products purchased.

Orders are invoiced in Euros and reflect the prices in Euro that are published on our website. To help customers in approximating the value, the prices are converted in the local currency. The amount you will be charged on your credit card or on PayPal account can vary as it is based on fluctuating exchange-rate regimes. Gibot srl invites customers to contact their bank to request detailed information on exchange rates and bank charges relating to their transaction.

Gibot srl reserves the right to require customers with the shipment of the goods in the same State of invoicing the goods.

Credit Card

a) In case of products purchased with payment by credit card, at the conclusion of the purchase online, the referring bank will authorize only the amount of the commitment relating to the purchase. The amount for the goods, even partially, or in pre-order will be actually charged to the customer’s credit card at the time of receipt of the summary of the order done via e-mail.

b) In case of withdrawal by the customer pursuant to D.Lgs. N. 206/2005, or non-acceptance of the order by Gibot srl, this will mean, without delay, the cancellation of the transaction and of the committed amount. The times of removal for certain types of cards depend only by the banking system and can go up to their natural expiry ( currently the 24th day from the date of authorization).

c) Gibot  srl reserves the right to debit the amount of the order placed by the customer on his/her credit card in order to avoid the expiration of the authorization of the transaction as provided for in paragraph b) above.

d) Gibot  srl reserves the right to ask the customer additional information (e.g. his/ her telephone number) or sending copies of documents proving the ownership of the used credit card. The customer aknowledges that – in the absence of the sending of the requested documentation- the order may not be accepted.

e) At no time of the purchasing procedure Gibot srl can know the credit card information of the customer, transmitted by protected connection directly to the website of the Bank that handles the transaction. No computer store of Gibot  srl will keep such data. In no case then Gibot srl will be responsible for any fraudulent use and abuse of your credit card by a third party, upon payment of the products purchased on the site.

f) In case of payment of the amount due by the customer by credit card,Gibot srl can not be considered responsible for the outcoming of the transaction, which depends exclusively on the third party service provider of online payments and that, in any case, will be chosen from among the main players in the sector at national level.

g) The customer aknowledges that the forwarding of the purchase order and the payment takes place through electronic communication networks and services whose correct working is not under the control of Gibot  srl and of which it can not be considered responsible.

h) In order to ensure better protection for purchases made online, Gibot  srl recommends customers to adhere to the services Verified by Visa or Mastercard Securecode, requiring a safety PIN code with which you can make your purchases safely.

i) To ensure safe purchases, Gibot  srl uses SSL ( Secure Socket Layer) technology. This technology encrypts and protects the data sent by internet. As SSL is enabled, it will appear at the top of the browser a padlock with the green address bar, and clicking it you will get information about the SSL digital certificate registration. In addition, at the top of the browser, the URL will begin with “https” instead of “http”. This will ensure the data protection for the page where the customer is located.

j) For the new customers Gibot  srl requires its own bank to contact the counterparty bank to verify the transaction, before the actual charge on the customer’s credit card. Such verification could cause some delay in the shipment of the first order. Payments made through the PayPal system with a verified account do not suffer delays for banking verification.

k) Gibot srl reserves the right to require customers with the shipment of the goods in the same State of the invoicing of the goods.

Bank Transfer

a) In case of payment of the products by bank transfer, in the customer’s order confirmation sent by e-mail by Gibot srl, as written in the above article 9.2, will be given the bank details of Gibot srl. The products which are the subject of the customer’s order in this case will be set aside pending accredit on current account of Gibot srl of the amount due.

b) The customer is in any case required to send to Gibot srl a copy of the credit transfer order made in favour of the latter. This copy must be sent within 48 hours after the receipt of the order confirmation by e-mail to the e-mail address customercare@gibot.it or by fax to the number +3 0686207360. In the absence of receipt, within the mentioned deadline of 48 hours, of copy of the bank transfer, Gibot srl will cancel the customer’s order.

c) The shipment of the customer’s order will be made once that Gibot srl has received the actual credit on its current account of the amount of the order.

Our banking credentials are:

Bank Detail: Banca Sella

Account: Gibot SRL

IBAN: IT71K0326803201052420626840

SWIFT/BIC: SELBIT2BXXX

Reason: Gibot - order n° XXXXXX/XXXX

Paypal

a) In case of payment by PayPal card the customer will be able to make the payment of the order directly through your verified PayPal account. Gibot srl informs that payments will be accepted only from verified accounts and reserves the right to ship the products which are the subject of the customer’s order to the address shown on PayPal verified account.

b) Payments for orders of products from unverified PayPal accounts will be cancelled and consequently not satisfied by Gibot srl.

Modalities and delivery expenses- Billing

The ordered products will be sent to the address specified by the customer at the time of the registration in the restricted area of the site access; if different, to the address specified in his/her order. Gibot srl is entitled to accept or reject an order, it is likely that if the delivery of goods takes place outside the Italian territory the order is rejected.

Gibot srl does not deliver at PO boxes or Fermo Posta, all delivery addresses for mailboxes and Fermo Posta will be automatically deleted.

The status of order delivery will be visible to the customer by accessing to the site and consulting the user area at the moment of purchasing.

Delivery expenses, explained on the site and in the text of the order, are to be paid by the customer. See the shipping information section

Shipping within the European Union is not subject to import duties. Shipments outside the European Union are subject to import taxes that can not be calculated at the time of purchase and then excluded from shipping charges and so they must be paid by the customer. Once the products go through customs, it's not possible to ask for order's cancellation. The refusal to pay for duties and collect the goods at Local Customs will be charged to the final customer in variable amount that will be calculated on the basis of the real import duty amount charged on Gibot srl. Private U.S.A. citizens and non-U.S.A citizens residing in the U.S.A who import Internet goods from abroad are required to have a Social Security Number and must release this number willingly to the express courier or broker, in this case DHL. Non-USA citizen/resident who do not have a USA Social Security can provide a CBP - Customs Border Protection-assigned number. The process to obtain a CBP assigned import number generally takes 10 business days.

Shipping of the orders will be carried out from Monday to Friday.except in case of public holidays.

The customer can check the order status by accessing ‘My Orders’ section.

Upon delivery of every order, Clients are asked to inspect the box carefully before signing for the delivery. Gibot.it packages are carefully sealed in black cellophane. If for any reason the box looks tampered with, either sign for the package with reservations or refuse the package. In the event that the box has been signed for with an unauthorized signature or there is evidence that the package has been tampered with, open a claim immediately with the courier and contact Gibot srl at customerservice@gibot.it

In case of refused delivery or lack of withdrawal within 5 working days of the product in stock at the courier’s warehouse, due to repeated inability to deliver it to the address indicated by the customer at the moment of the order, the ordered product will be returned to the warehouse of Gibot srl and any shipping fees charged to Gibot srl will be deducted from any refund due to the customer.

Return Policy

To exercise the right of withdrawal, the customer must fill out the request form provided in your profile to Gibot srl within 14 working days from the receipt of the products.

Gibot customer care will promptly communicate to the customer the instructions to return the product/s. The customer will receive an e-mail containing the waybill of the courier and all necessary documents to book the goods return via DHL courier. The return can be claimed only by the holder of the order and made to the same address used for the shipping.

Your product must be returned unused, undamaged, unwashed or otherwise altered, complete with all its parts, with the control card related to it, the guarantee seals ( adjustable closing tag and irreversible tag) that must be intact and untampered and in its original packaging ( including wrapping and original boxes and any auxiliary material such as dustbags, hangers and suit-covers). To limit damage to the original packaging, it is recommended to insert it into a second box on which to affix the label provided by Gibot srl. It is avoided in all cases the position of the label or adhesive tapes directly on the original packaging of the product.

Shipping charges related to the returning of the product are differentiated on the basis of the reasons for returning the ordered product by the customer at the site www.gibot.it.

Shipping charges related to the returning of the product shall be borne by Gibot srl ONLY for the first change (size / colour or for defective items) depending on availability of stock of the product in the requested size/colour or for reimbursement. Shipments of replacement items are free of charge if the customer is located within the Italian territory or the European Union one.

Shipping costs for replacement of the product outside the Italian territory or the European Union one are at the customer’s expenses; besides the costs of delivery will not be reimbursed to the customer or other incidental expenses and/or taxes existing when performing the order.

The shipment is under the full responsibility of the customer until the certificate of receipt is in the warehouse of Gibot srl.

The right of withdrawal is applied only to the purchased product in its entirety; it is not possible to exercise withdrawal only on one or more parts of the purchased product. In case of orders including more products you can exercise the withdrawal with respect to one or more of the products that you have ordered, specifying the description of the products that you intend to return, in filling up the module, under the previous article 19.

In the event of damage to the product during its transport, Gibot srl will give the customer notice of the incident (within 5 working days from receipt of the product in its warehouse) to enable him/her to make a timely complaint against the chosen courier and obtain a refund of the product value( if this is insured). In this case the product will be made available to the customer for its restitution, simultaneously eliminating the request for withdrawal.

Gibot srl is not responsible in any way for damages or theft/ loss of the goods.

Upon its arrival at Gibot srl, the product will be examined to assess any damages or tampering not caused by the transport. If the packaging and/or wrapping may be damaged, Gibot srl will withhold from the due refund a percentage not exceeding 10% of the value of the product itself, as a contribution of the recovery costs.

Except for any recovery costs for damage to the original packaging, Gibot srl will refund to the customer the amount paid for the purchase of the product within 14 days from its return. If the payment was made by credit card, the refund will be via procedure of transfer of the charged amount to your credit card or by bank transfer. In the latter case the customer will promptly provide the information of the bank account upon which it will be sent the refund ( ABI-CAB-IBAN codes, number of account and bank name of the invoice payee).

The customer loses the possibility of exercising the right of withdrawal, for lack of essential integrity of the product ( or package and/or its contents), in case Gibot srl finds out :

• the use, even partial, of the product and of any accessories

• the lack of the external packaging, the original internal packaging

• the tampering and the wearing of the guarantee seals

• the absence of integral elements of the product

• the absence of the control card attached to the product

• the damage to the product not due by its transport.

In such cases the products remain at the warehouse of Gibot srl available to the customer to be picked up at his/her responsibility and expense.

Guarantees

All products sold through the site are covered by the manufacturer warranty for defects of conformity, which lasts 12 months if the customer is a professional operator (and as such has VAT number- partita IVA) and lasts 24 months if the customer is a consumer as well as said in the D.Lgs. n. 206/2005

The manufacturer warranty is given in terms of law.

The warranty is applied to the product that has a lack of conformity, provided that the product is properly used, in accordance with its intended use and as provided in the accompanying documentation. In case of lack of conformity, without charge to the customer, Gibot srl will restore the conformity of the product by repairing-replacing it or reducing its price or by the termination of the contract. If, as a result of control by Gibot srl, the defect does not prove to be a lack of conformity, the customer will be charged of any verification and repair costs, where applicable, as well as transportation costs if supported by Gibot srl.

If, for whatever reason, Gibot srl could not render its customer a product under warranty ( repaired or replaced), it will proceed at its own discretion to refund the amount paid taking into consideration the use of the product or to replace it with a product that has the same or better characteristics.

The time of repair or replacement of a defective product only depends on the manufacturer’s policies and no damage can be requested to Gibot srl for any delays in carrying out repairs or replacements.

In case the application of the guarantees implies the return of the product, the product shall be returned by the customer in its original packaging, complete in all of its parts (including the wrapping and any documentation and accessories). In order to limit damage to the original packaging, Gibot srl recommends to insert it into a second box.

Terms of use

Shoes: All shoes must be tried on a carpet, before being sure to keep them. Shoes must be returned free of signs and in their original box, that must be intact, and eventual other containers (dust bags, tissue paper) as an integral part of the product. Shoes returned without original wrappings or with damaged containers or with signs of wear on the soles, could not be accepted and remain in store at the warehouse of Gibot srl, available to the customer for being retired at his/her responsibility and expenses.

Lingerie and Beach Wear: Underwear, swimwear and bikini bottoms must be tried over the underwear without removing the protective sticker. Returns of marked items or where the protective tape was removed could not be accepted and the goods could remain in storage at the warehouse of Gibot srl available to the customer for being retired at his/her responsibility and expenses.

Colors: Gibot srl ensures, as far as possible, that the colours of the products included in the site www.gibot.it appear as close as possible to reality. However, as computer monitors vary, we can not guarantee that the colour displayed on the screen of the customer is completely identical to the colour of the item.

Sizes: Sizes vary considerably according to the stylist. For this reason, in every product page you will find a link to the “Size Chart” where you can convert international sizes, have some indications about the sizes of the products, a guide to using, and further information on how the clothes can dress and if they are particularly tight fitting or abundant. If you need more help, our team try on every garment on sale and so they can answer any question or give explanations. To have a consultation, send an e-mail to customercare@gibot.it. We remind you that the first size change in Italy or in the European Union is free. For more information, see the section entitled Withdrawal Right of the Customer.

I agree

Within the meaning and for the purposes laid down in articles 1341 and 1342 of the Civil Code, you hereby expressly accept the provisions laid down in the articles: 3 ( brief description of the products in our catalogue) ; 5 ( right not to satisfy the order); 8.1, letter E ( lack of responsibility with respect to the fraudulent use of the customer’s credit cards ); 8.1, letter F ( lack of responsibility with respect to the success of online payment ); 8.2, letter B (we reserve the right to cancel the order in lack of receipt of copy of the bank transfer within 48 hours); 8.3, letter B ( we reserve the right to cancel the order in case there are payments made by non-verified PayPal accounts); 11 and 22 (delivery and shipping costs and taxes that the customer must pay); 15 ( fulfilment of the obligations of Gibot srl at the time of the product delivery to the chosen courier); 16 (obligation of control of the delivered products by the customer); 17 ( product acceptance without reservation by the customer, in the absence of contestation), 23 ( chargeback reserve of 10% in case of damage to the internal or external packaging of the returned product); 25 (we reserve the right to refuse the acceptance of the returned product); 32 ( privacy); 34 (applicable law), of these General Terms and Conditions.