Terms and Conditions
23 January 2023 2023-01-26 11:21Terms and Conditions
In this section you will find:
General Terms and Conditions of Sale
The sale of products on our website (“www.goagoashop.com”) is governed by these General Terms and Conditions of Sale.
The products purchased on www.goagoa.it are sold directly by MAKILEA SRL (“MAKILEA” or the “Seller”), a company incorporated under the laws of Italy with registered office in Via Einaudi 21 – 45100 Rovigo, VAT no. IT01461700294 registered with the Register of Companies of Rovigo RO – 158845, share capital Euro 10,000.00 fully paid up.
You may request any information through our support services by contacting Customer Service: customercare@goagoa.it
You can find information on purchases and shipments, refunds and returning products purchased on www.goagoashop.com.
Remember that you can always contact the Vendor, via Customer Service: customercare@goagoa.it
1. Our commercial policy
1.1 The Seller conducts its e-commerce business exclusively with respect to its end users who have reached the age of majority and who are “consumers”.
1.2 When we speak of a “consumer”, we are referring to any natural person who is acting on www.goagoashop.com for purposes that are not related to his or her trade, business or professional activity, if any. If you are not a “consumer”, please refrain from entering into commercial transactions on www.goagoashop.com.
1.3 In consideration of its commercial policy, the Seller reserves the right not to accept proposals of purchase orders from parties other than the “consumer” or, in any case, proposals of purchase orders that do not comply with its commercial policy, such as, for example, proposals of orders for which there is an indication, or suspicion, of fraudulent or illegal activities. In such cases, the Seller shall inform the user of the rejection of the order proposal. All order proposals transmitted to the Seller and returns made by users must also correspond to normal consumption needs. The Vendor shall therefore monitor the number of order proposals transmitted and returns made.
1.4 These General Terms and Conditions of Sale exclusively govern the sending of order proposals for the purchase of products available on www.goagoashop.com by the user and their acceptance by the Seller.
1. Information directed to the conclusion of the contract with the Seller pursuant to Legislative Decree No. 70 of 9 April 2003
2.1 To enter into a purchase agreement for one or more products on www.goagoashop.com, you must send an online purchase order proposal to the Vendor by filling in the form available on www.goagoashop.com and following the relevant instructions.
2.2 Before transmitting the order proposal, we remind you to carefully read the General Terms and Conditions of Sale and the information on the Right of Withdrawal, to print a copy using the print command, and to save or reproduce a copy for your personal use. In accordance with Article 51, paragraph 7, of Legislative Decree 6 September 2005, no. 206 (the “Consumer Code”), before transmitting the order proposal, we will provide you with a summary of the commercial and contractual conditions that will apply to your order proposal for the purchase of the products and a summary of the information on the essential characteristics of each product ordered with its price (including all applicable taxes or duties), the means of payment that you can use to purchase each product, the delivery methods of the products purchased, the shipping and delivery costs as well as the references, geographical address and contact details of the Seller and the date by which the Seller, once it has accepted your order proposal, undertakes to deliver the goods. The Seller will also provide you with a summary of the conditions and procedures for exercising your right of withdrawal. If applicable, you will be informed that, in the event of withdrawal, you will have to bear the cost of returning the products. In any event, you will be reminded of the existence of the legal guarantee of conformity of the products, you will be provided with the contact details of our after-sales service and we will remind you of the possibility of using the independent and institutional conciliation service, known as “RisolviOnline”, provided by the Chamber of Arbitration of the Chamber of Commerce of Milan, as well as the possibility of using the platform for out-of-court alternative dispute resolution, accessible on the website http://ec.europa.eu/odr, made available by the European Commission.
2.3 On the confirmation page of the order proposal, we will provide you with summary information about the essential characteristics of each product indicated in your order proposal, the price (including all applicable taxes or duties) and the shipping costs (including any additional costs incurred by you for having chosen a different and/or faster type of shipping and delivery than the standard one).
2.4 The transmission of the order proposal to the Seller constitutes a binding purchase proposal for you. Before transmitting the order proposal, you will therefore be asked to identify and correct any data entry errors.
2.5 Once your order proposal has been transmitted, you will receive an automatic e-mail from the Seller confirming receipt of your order proposal. Receipt of this email does not constitute acceptance of your order proposal.
2.6 The contract is concluded when your order proposal is accepted by the Seller. The Seller will send you a second email to confirm acceptance of your order proposal and the successful dispatch of the products. This email will also contain a copy of the General Terms and Conditions of Sale and the summary document on the Right of Withdrawal.
2.7 The order proposal transmitted to the Seller will be filed in our database for the period of time required to process the order proposals accepted by the Seller and in any case within the terms of the law. You may access your order proposal form by consulting the My Order section.
2.8 The language available to conclude the contract with the Seller is Italian.
2.9 The Seller may not accept your purchase order proposals that do not provide sufficient guarantees of solvency or that are incomplete or incorrect or if the products are not available. In such cases, we shall inform you by e-mail that the contract is not concluded and that the Vendor has not accepted your purchase order proposal, specifying the reasons therefor. If the products displayed on www.goagoashop.com are no longer available or on sale at the time your proposed purchase order is received or processed, the Vendor shall inform you of the unavailability of the products as soon as possible and in any event within thirty (30) days from the day after Vendor has received your proposed purchase order. If you have already paid the price for the products, the Seller shall refund, without undue delay, the amount already paid by you and the sales contract shall be considered terminated. The Seller also reserves the right not to accept proposals of purchase orders in the cases referred to in paragraph 1.3 above.
2.10 We remind you that, with the telematic transmission of the order proposal, you unconditionally accept and undertake to observe these General Terms and Conditions of Sale in your relations with the Seller. If you do not agree with any of the terms set forth in the General Terms and Conditions of Sale, please do not submit your order proposal for the purchase of products on www.goagoa.it.
2.11 By submitting an order proposal, you confirm that you also know and accept the further information contained in www.goagoashop.com, also referred to through links, including the Privacy Policy and the Right of Withdrawal Policy.
3. Guarantees and indication of product prices
3.1 The Vendor sells only branded and first-class original products.
3.2 The Vendor does not sell second-hand, irregular or substandard products.
3.3 The essential characteristics of the products are presented on www.goagoashop.com within each product sheet. However, the images and colours of the products presented on www.goagoashop.com may not correspond to the real ones due to the effect of the Internet browser and monitor used.
3.4 Product prices may be subject to updates. Please check the final sales price before submitting your order proposal. In the event that there is a recognisable error in the indication – by MAKILEA – of the price of a product or in the calculation of the amount requested in payment, MAKILEA will not accept the order proposal and will contact the user in order to offer the opportunity to transmit the order proposal to purchase the product(s) at the correct price.
3.5 All products have an identification tag attached with a disposable seal.
3.6 All products sold by MAKILEA are covered by the legal warranty of twenty-four (24) months for conformity defects, in accordance with the applicable law. The lack of conformity of the product must be communicated to the Seller within two (2) months from its discovery. The lack of conformity can be communicated to the Seller by contacting Customer Service. In the event of a lack of conformity, you are entitled to request the repair or replacement of the product. If the aforementioned remedies are not possible or are excessively onerous, you shall be entitled to a reduction of the price paid or to termination of the sales contract, pursuant to Article 130 of the Consumer Code.
4. Payments
4.1 For payment of the price of the products and the related shipping and delivery costs, you may follow one of the methods indicated in the order proposal form. Under no circumstances will you be charged higher costs than those actually incurred by the Seller, in relation to the payment instrument you have chosen.
4.2 In the event of payment by credit card, the financial information (for example, the credit/debit card number or its expiration date) shall be forwarded, by means of encrypted protocol, to Unicredit Banca Spa and to other banks, which provide the relevant remote electronic payment services, without third parties having any access thereto whatsoever. Moreover, this information will never be used by the Seller except for completing the procedures relating to your purchase and for issuing the relevant refunds in the event of any returns of products, following the exercise of your right of withdrawal, or if it is necessary to prevent or report to the police commission of fraud on www.goagoa.it. The price for the purchase of the products and the shipping costs, as indicated in the order proposal, will be debited from your current account when the purchased products are shipped.
5. Shipping and delivery of products
5.1 To learn about the specific product shipment and delivery methods, go to the Customer Service section. Please pay attention to what is stated in this section because the information contained therein forms an integral and substantial part of these General Terms and Conditions of Sale and, therefore, shall be deemed to be fully known and accepted by you at the time of transmission of the order proposal.
6. Customer care
6.1 You may request any information by contacting our Customer Service.
For further clarification, please contact our Customer Service: customercare@goagoa.it
7. Right of Recess
7.1 In accordance with Article 52 of the Consumer Code, you have the right to withdraw from the contract concluded with the Seller, without any penalty and without specifying the reason, within fourteen (14) days, starting from the day you receive the products purchased on www.goagoashop.com. In certain specific cases, duly indicated in the Right of Withdrawal section, it will be possible to exchange the chosen item for another.
7.2 In accordance with Article 54 of the Consumer Code, you may withdraw from the contract concluded with the Seller using one of the following methods, at your choice
a) online transmission to the Seller of the Return Form that you can find in the Customer Service area, filled out in full; in this case, the Seller shall send you confirmation by e-mail that the declaration of withdrawal has been received;
b) sending by mail to the Seller the Return Form conforming to the standard form pursuant to Article 49, paragraph 4, of the Consumer Code, to be filled out in full;
c) sending by mail to the Seller of another explicit declaration of his decision to withdraw from the contract.
In cases b) and c) his declaration must be sent to the attention of the Customer Service at the registered office of MAKILEA SRL Via L. Einaudi, 21 – 45100 ROVIGO. It is understood that, in such cases, it shall be your responsibility to prove the correct and timely exercise of the right of withdrawal.
7.3 Pursuant to Article 57 of the Consumer Code, once you have exercised your right to withdraw from the contract, you must return the products to the Seller by handing them over to the courier for shipment within fourteen (14) days from when you informed the Seller of your decision to withdraw from the contract.
7.4 The costs and organisation of the return shall be borne by the customer, unless the goods are defective or errors attributable to our warehouse. We shall refund the full value of the return as soon as possible and in any case within 15 days, less shipping costs. The amount will be credited to the same means of payment used for the purchase.
7.5 In addition, from the moment the purchased products are returned to the forwarding agent, the Seller shall exonerate you from any liability in the event of loss of or damage to the products during transport.
7.6 The right of withdrawal – in addition to compliance with the terms and procedures described in paragraphs 7.1, 7.2, 7.3 and 7.4 above – shall be deemed to have been properly exercised if the following conditions are also fully complied with
a. the right of withdrawal must be properly exercised within 15 days of receipt of the products;
b. the products must not have been used, worn, washed;
c. the identification tag must still be attached to the products with the disposable seal constituting an integral part of the good
d. the products must be returned in their original packaging (if you want to return a kit, you must return all the items in it)
e. the returned products must be delivered to the forwarding agent within fourteen (14) days starting from when you have informed the Seller of your decision to withdraw from the contract;
f. the products must not be damaged.
Pursuant to Article 59 of the Consumer Code, the right of withdrawal is also excluded in the event that you have purchased custom-made or customised products or sealed goods that are not suitable to be returned for hygienic or health protection reasons and have been opened after delivery.
7.7 The Seller will make the necessary checks to verify the conformity of the returned products with the conditions and terms indicated in paragraph 7.6 above.
If the right of withdrawal is exercised in accordance with the procedures and terms indicated above, the Seller shall send you, by e-mail, the relative confirmation of acceptance of the products thus returned and shall refund any sums already collected for the purchase of the products in accordance with the procedures and terms provided.
7.8 The sums shall be refunded to you in the shortest time possible and, in any event, within 15 days from the date on which the Seller became aware of the exercise of your right of withdrawal, we shall activate the refund procedures, once we have verified that the above terms and conditions have been correctly complied with.
7.9 If the procedures and terms for exercising your right of withdrawal, as set out in letters a), e) and f) of paragraph 7.7 above, or in the cases referred to in Article 59 of the Consumer Code, are not respected, you will not be entitled to a refund of the sums already paid to the Seller. The Seller shall notify you by e-mail of the rejection of your return. Within 15 days from receipt of the Seller’s e-mail, you may choose to re-obtain, at your expense, the products in the state in which they were returned to the Seller, by notifying the Seller in accordance with the procedures that will be communicated to you. Otherwise, the Seller may retain the products, in addition to the sums already paid for their purchase.
If, on the other hand, the Seller’s findings show that the conditions set out in letters b), c) and d) of paragraph 7.7 above are not met, you will not be entitled to a full refund of the sums already paid to the Seller. In accordance with Article 57(2) of the Consumer Code, you will in fact be liable for any decrease in the value of the returned products resulting from use other than that necessary to allow you to ascertain the nature, characteristics and operation of the products. In this case, a percentage equal to the estimated decrease in value of the products and in any case between 10 and 90 per cent of the sums paid by you to the Vendor for the purchase of the returned products will be deducted from the refund provided, as you will be specifically notified by the Vendor by e-mail. Within 15 days from the sending of the e-mail informing you of the amount deducted from the refund, you may choose to re-obtain, at your own expense, the products in the state in which they were returned to the Seller, by notifying the Seller in accordance with the procedures that will be communicated to you. Otherwise, the Seller may retain the products and an amount corresponding to the percentage deducted from the refund.
The Vendor accepts no liability in the event of products returned in error or items forgotten in packages or returned products.
8. Timing and modalities of reimbursement
8.1 Regardless of the method of payment used by you, the refund due, in whole or in part, shall be activated by the Seller, as soon as possible and in any event within 15 days from the date on which the Seller became aware of the exercise of your right of withdrawal after verifying the proper execution of your right of withdrawal and checking the returned products.
8.2 The Seller shall refund you using the same means of payment that you used to purchase the returned products, unless you have expressly agreed with the Seller to use a different means of payment and provided that you do not incur any additional costs as a consequence of the refund. If there is no correspondence between the addressee of the products indicated in the order proposal and the person who made the payment of the sums due for their purchase, the refund of the sums, in the event of the exercise of the right of withdrawal, will be made by the Seller, in any case, to the person who made the payment.
8.3 We remind you that the value date of the re-credit is the same as that of the debit; consequently, you shall not suffer any loss in terms of bank interest.
9. Privacy
9.1 You can obtain information about how we process your personal data by accessing the Privacy Policy
9.2 For any other information about our Privacy Policy you can contact our Customer Service at customercare@goagoa.it, or send requests to the address of the Seller’s registered office.
10. Applicable Law and Dispute Resolution
10.1 Without prejudice to the application of the mandatory regulations of European derivation for the protection of the consumer, the General Conditions of Sale are regulated by Italian law and, in particular, by the Consumer Code and by Legislative Decree No. 70 of 9 April 2003 (“Implementation of Directive 2000/31/EC on certain legal aspects of information society services in the internal market, with particular reference to electronic commerce”).
10.2 In the event of disputes between the Seller and each end user, arising from the General Sales Conditions, the Seller guarantees, as of now, full adhesion to and acceptance of the RisolviOnline conciliation service. RisolviOnline is an independent and institutional service, provided by the Arbitration Chamber of the Chamber of Commerce of Milan, which allows a satisfactory agreement to be reached, with the help of a neutral and competent conciliator, on the Internet. For further information on the RisolviOnline regulations or to send a request for conciliation, go to RisolviOnline.com.
10.3 Please also note that the European Commission provides a platform for out-of-court alternative dispute resolution, which can be accessed at http://ec.europa.eu/odr.
10.4 All disputes relating to the purchases and/or to these General Terms and Conditions of Sale shall be settled by the Court of the place of domicile or residence of the consumer according to the applicable law or, at the consumer’s choice, by the Court of Rovigo.
11. Editing and Updating
11.1 The General Conditions of Sale are amended from time to time by the Seller also in consideration of any changes in the law. The new General Conditions of Sale shall be effective from the date of publication on www.goagoashop.com.
RIGHT OF RETURN
It is important to us to guarantee you the best possible experience, from your first access to our site and for all your purchases. This is why we have decided to make the return policy even quicker and easier.
In accordance with art. 52 of Legislative Decree no. 206 of 6 September 2005 (the “Consumer Code”), you have the right to withdraw from the contract signed with MAKILEA SRL (the “Seller” or “MAKILEA”) without any penalty and without having to provide any reason, within 15 days from the day you received the products purchased on www.goagoashop.com
1. Conditions for exercising the right of withdrawal in accordance with Article 52 of the Consumer Code
The right of withdrawal shall be deemed to have been properly exercised if the following conditions are fully complied with
a. the right of withdrawal must be duly exercised within 15 days of receipt of the products by following one of the methods indicated above;
b. the products must not have been used, worn, washed;
c. the identification tag must still be attached to the products with the disposable seal constituting an integral part of the good
d. the products must be returned in their original packaging (if you want to return a kit, you must return all the items in it)
e. the returned products must be handed over to the forwarding agent within 15 days of you informing the Seller of your decision to withdraw from the contract;
f. the products must not be damaged.
If you have complied with all the conditions required, the Vendor, in accordance with Article 56 of the Consumer Code, will refund the price of the purchased products in full, the only costs and organisation of the return being your responsibility.
2. Arrangements for returning products to the Seller
You are responsible for the costs and organisation of the return, unless you send defective goods or errors attributable to our warehouse.
3. Conformity checks of returned products
You will be contacted if your return cannot be accepted because it does not comply with the conditions set out in the preceding paragraphs. In the event that your return does not comply with the conditions referred to in letters a), e) and f) of paragraph 1 above, or in the case referred to in Article 59 of the Consumer Code, you may choose to have the products purchased back at your expense. Should you refuse this shipment, the Seller reserves the right to retain the products and the amount corresponding to the purchase price of the products.
We also remind you that, pursuant to Article 57(2) of the Consumer Code, you will be liable for any decrease in the value of the products returned to the Vendor as a result of use of the products other than that necessary to ascertain their nature, characteristics and operation. Therefore, in the event that your return cannot be accepted because it does not comply with the conditions set out in points b), c) and d) of paragraph 1 above, you may choose whether to accept the reduction in the refund, which will be communicated to you by the Vendor, due to the reduced value of the returned products, or to have the products purchased back at your expense. In the latter case, if you refuse the shipment, the Seller shall be entitled to retain the products and the amount indicated for the reduction in the refund due to the reduced value of the returned products.
The Vendor accepts no liability in the event of products returned in error or items forgotten in packages or returned products.
3. Guarantees and indication of product prices
3.1 The Vendor sells only branded and first-class original products.
3.2 The Vendor does not sell used, irregular or substandard products.
3.3 The essential characteristics of the products are presented on www.goagoashop.com within each product sheet. However, the images and colours of the products presented on www.goagoashop.com may not correspond to the real ones due to the Internet browser and monitor used.
3.4 Product prices may be subject to updates. Please check the final sales price before submitting your order proposal. In the event that there is a recognisable error in the indication – by MAKILEA – of the price of a product or in the calculation of the amount requested in payment, MAKILEA will not accept the order proposal and will contact the user in order to offer the opportunity to transmit the order proposal to purchase the product(s) at the correct price.
3.5 All products have an identification tag attached with a disposable seal.
3.6 All products sold by MAKILEA are covered by the legal warranty of twenty-four (24) months for conformity defects, in accordance with the applicable law. The lack of conformity of the product must be communicated to the Seller within two (2) months from its discovery. The lack of conformity can be communicated to the Seller by contacting Customer Service. In the event of a lack of conformity, you are entitled to request the repair or replacement of the product. If the aforementioned remedies are not possible or are excessively onerous, you shall be entitled to a reduction of the price paid or to termination of the sales contract, pursuant to Article 130 of the Consumer Code.
4. Timing and modalities of reimbursement
After the Seller has received your return and checked that all requirements have been met, you will receive an e-mail confirming acceptance of the return and MAKILEA will proceed with a full refund, or, if it is found that there is a decrease in the value of the returned products, you will receive an e-mail informing you of the amount deducted from the refund and MAKILEA will proceed to refund the amount due. Whichever payment method you used among those available, the refund will be activated by the Seller as soon as possible, and in any case within 15 days from the date on which it became aware of the exercise of your right of withdrawal, once it has verified that the withdrawal was made in accordance with the above conditions.
The actual time for the re-crediting or refund of the sums paid by you for the purchase of the products depends on the method of payment used:
– purchase by credit/debit card: the refund time depends on the credit/debit card company, but normally takes place within two statements. Please note that the value date of the refund is the same as that of the debit, so you will not suffer any loss in terms of bank interest;
– purchase via PayPal (if available): the refund will be made to your PayPal account and will be visible immediately. The actual reimbursement to your credit card from your PayPal account depends on the institution that issued the card;
– cash on delivery (if available): the reimbursement is made to the bank account indicated by you, so the reimbursement time depends on the correctness of the data you enter; normally the reimbursement takes place within 15 days.
In the case of a gift, the refund will be made to the person who made the payment.
5. Defective or non-conforming products
Without prejudice to the application of the mandatory consumer protection regulations, you may return a product because it is defective or does not conform to what you ordered, by informing the Vendor within thirty (30) days from the day you received the products purchased on www.goagoashop.com , using the Return Form that will be sent to you by contacting Customer Service at the following e-mail address: customercare@goagoa.it; if the defect appears after thirty (30) days, contact Customer Service for more information.
For how to return products, please check sections 1 and 2.
MAKILEA will check the products you have returned because they are defective or do not conform to what you ordered and will proceed with a full refund, including shipping costs and the costs you incurred to return the products to MAKILEA.
In the event that MAKILEA does not detect any defect or lack of conformity in the returned products, you will be informed that your return cannot be accepted and you will be able to choose whether to have the purchased products back. Should you refuse the return, MAKILEA will have the right to retain the products and the amount corresponding to the purchase price of the products, as well as the right to claim the costs incurred.
6. Conditions for exchanging products
In certain cases, as specified below, you will have the possibility of exchanging the purchased products for others of the same model, with a different size and/or colour. The exchange of products will only be possible if the products in the selected size and/or colour are available in the Seller’s warehouses. The exchange request will be made within the limits set out below:
– only those products purchased for which this possibility is expressly provided for in the Return Form may be exchanged;
– you may only request an exchange of one or more products purchased with products of the same model, having a different size and/or colour. In any case, the options available for the exchange will be indicated in the Return Form;
– you may request the exchange of one or more purchased products within and not later than 15 days from the date of their delivery, by filling in the Return Form, to be sent electronically to MAKILEA within the aforesaid term. The products to be exchanged must be delivered to the carrier within 15 days from when you informed the Seller of your decision to exchange the products;
– you may only make one exchange request per product purchased;
– the products for which you request an exchange must be returned to MAKILEA in their original packaging, unused, unworn, washed or damaged, and the identification tag must still be attached with the disposable seal;
– the products to be exchanged that are part of a single order must be sent to MAKILEA in a single shipment. MAKILEA, in fact, reserves the right not to accept products from the same order sent for exchange at different times.
If all the above-mentioned conditions are correctly fulfilled, once the Return Form containing your exchange request is filled in and sent, MAKILEA will take care of the same exchange request by sending you a confirmation e-mail to that effect.
After MAKILEA has received the products you wish to exchange and checked that all the requirements set out above have been met, MAKILEA will check the actual availability in its warehouses of the products in the size and/or colour you have selected.
In the event that the product or products selected for exchange are not available in their warehouses, MAKILEA will not be able to accept your request for an exchange and will therefore proceed to refund the price of the product or products originally purchased and not replaceable, in accordance with the provisions of the Consumer Code and in the manner provided above.
If the product or products selected for exchange are available, MAKILEA will be able to accept your exchange request and will therefore send you an e-mail confirming that the replacement products have been shipped. Shipment will take place in this case within thirty (30) working days from the date on which MAKILEA becomes aware of your exchange request. The shipping costs of the replacement products will be borne by MAKILEA.
Should the price of the purchased product be lower or higher than the price of the product selected for the exchange, you will not be entitled to any refund and/or surcharge for the difference. However, it remains understood that, as an alternative to requesting an exchange of the product, you may exercise your right of return in accordance with the Consumer Code.
You will be contacted if your exchange request cannot be accepted because it does not comply with the above conditions. In this case, you can choose to have the products you wish to exchange back at your expense.
In the event that you refuse this shipment, MAKILEA reserves the right to retain the products and may also retain the amount corresponding to the purchase price of the products themselves, or the amount indicated for the deduction of the refund, due to the decrease in value of the returned products, as indicated above.
The replacement product(s) may be subject to subsequent return pursuant to Article 52 of the Consumer Code.
7. Product identification tag
We remind you that all products offered for sale by the Vendor have an identification tag attached with a disposable seal, which is an integral part of the product. We therefore remind you to try on the product without removing the tag and its seal, as returned products without them will not be accepted.
8. Consumer Code
These Conditions for the Exercise of the Right of Withdrawal, which form an integral part of the General Terms and Conditions of Sale, are governed by Italian law and in particular by the Consumer Code.
GENERAL CONDITIONS OF USE
Welcome to the GOA GOA e-commerce site www.goagoashop.com (“Site”) of MAKILEA SRL.
The purpose of these Terms of Use is to ensure the best use of the Site, in compliance with the law and the rights of all, as well as respect for data protection and intellectual property.
Access to and use of the Site are activities governed by these General Terms of Use.
Access to and use of this website as well as the purchase of products on www.goagoashop.com presuppose the reading, knowledge and acceptance of these General Terms of Use.
This website is managed and maintained by MAKILEA SRL (hereinafter “MAKILEA”), a company under Italian law with registered office in Via Einaudi 21 – 45100 Rovigo, VAT No. IT01461700294 registered with the Register of Companies of Rovigo RO – 158845, share capital Euro 10,000.00 fully paid up.
If you need assistance please contact Customer Service: customercare@goagoa.it
You can also get answers to your questions by calling 0425 360228.
Legal information can be found in the dedicated sections: General Terms and Conditions of Sale, Right of Withdrawal and Privacy Policy of www.goagoa.it.
MAKILEA may amend or simply update all or part of these General Terms and Conditions of Use.
Changes and updates to the General Terms and Conditions of Use will be binding as soon as they are published on the website in this same section.
We therefore urge you to regularly access this section to check the publication of the most recent and updated General Conditions of Use of www.goagoashop.com.
If you do not agree with all or part of the General Terms and Conditions of Use of www.goagoashop.com, please do not use our website.
Access to and use of www.goagoashop.com , including viewing web pages, communicating with MAKILEA, downloading product information and making purchases from the website, constitute activities carried out by our users exclusively for personal purposes unrelated to any trade, business or professional activity.
Remember that you will be solely and exclusively responsible for the use of www.goagoa.it and its contents. In fact, MAKILEA shall not be held liable for any use of the website and its contents by any of its users that does not comply with the laws in force, without prejudice to MAKILEA’s liability for intent and gross negligence.
In particular, you will be the one and only person liable for the communication of information and data that is incorrect, false or relating to third parties, without their consent, as well as in consideration of their incorrect use.
Finally, as any material will be downloaded or otherwise obtained through the use of the service at your own choice and risk, any liability for any damage to computer systems or loss of data resulting from download operations falls to the user and cannot be attributed to MAKILEA.
MAKILEA declines all responsibility for any damage resulting from the inaccessibility to the services on the site or from any damage caused by viruses, damaged files, errors, omissions, service interruptions, deletion of content, problems connected to the network, providers or telephone and/or telematic connections, unauthorised access, alteration of data, failure and/or malfunction of the user’s electronic equipment.
The user is responsible for the safekeeping and correct use of his/her personal information, including the credentials that allow access to reserved services, as well as for any damaging consequence or prejudice that MAKILEA or third parties may suffer as a result of the incorrect use, loss or theft of such information.
Please read the Privacy Policy carefully, which also applies if you access www.goagoashop.com and use its services but do not purchase any products.
The Privacy Policy will help you understand how www.goagoashop.com collects and uses your personal data and for what purposes.
The contents of www.goagoashop.com, such as, but not limited to, the works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos and any other material, in whatever format, published on www.goagoa. it including menus, web pages, graphics, colours, patterns, tools, fonts and website design, diagrams, layouts, methods, processes, functions and software that are part of goagoa.it, are protected by copyright and all other intellectual property rights of MAKILEA and the other right holders. Reproduction, in whole or in part, in any form, of www.goagoashop.com of its contents is prohibited without the express written consent of MAKILEA.
MAKILEA has the exclusive right to authorise or prohibit the direct or indirect, temporary or permanent reproduction, in any manner or form, in whole or in part, of www.goagoashop.com and its contents.
With regard to the use of www.goagoashop.com , you are only authorised to view the website and its contents. You are also authorised to carry out all those other temporary acts of reproduction, devoid of any economic significance of their own, which are considered transient or incidental, integral and essential part of the same display of www.goagoashop.com and its contents, and all other operations of navigation on the website that are performed only for a legitimate use of www.goagoashop.com and its contents.
On the other hand, you are not authorised to carry out any reproduction, on any medium, in whole or in part of www.goagoashop.com and its contents.
Any act of reproduction must be, from time to time, authorised in writing by MAKILEA or, if necessary, by the authors of the individual works contained in the website. Such reproduction operations must in any case be carried out for lawful purposes and in compliance with the copyright and other intellectual property rights of MAKILEA and the authors of the individual works contained in the website.
The authors of individual works published on www.goagoa.it have, at any time, the right to claim the paternity of their works and to object to any deformation, mutilation or other modification of the works themselves, including any act to the detriment of their honour or reputation. You undertake to respect the copyrights of the artists who have chosen to publish their works on www.goagoashop.com or who have collaborated with www.goagoashop.com in the creation of new expressive and artistic forms intended for publication, even if not exclusively on the website, or which form an integral part of it.
You are not, under any circumstances, authorised to use, in any manner or form whatsoever, the contents of the website and any work protected by copyright and any other intellectual property right. By way of example, you may not alter or otherwise modify the contents and protected works without the written consent of MAKILEA and, where necessary, of the individual authors of the works published on www.goagoashop.com.
MAKILEA is the exclusive owner of the logos and registered trademarks “GOA GOA” and ” www.goagoashop.com ” and any other distinctive sign that includes the word “GOA GOA”, including the domain name ” www.goagoashop.com”
Any unauthorised use of these trade marks is prohibited and carries serious legal consequences. Under no circumstances may these trademarks and any other distinctive signs on www.goagoashop.com be used to take unfair advantage of the distinctive character or reputation of these trademarks or in such a way as to prejudice them and their owners.
MAKILEA has taken every precaution to prevent the publication, on the website, of content describing or representing scenes or situations of physical or psychological violence or such that, according to the sensitivity of the users of www.goagoashop.com, may be considered harmful to civil beliefs, human rights and the dignity of persons, in all its forms and expressions.
In any event, MAKILEA does not guarantee that the contents of the website are appropriate or lawful in other countries outside Italy.
However, should such contents be deemed unlawful or illegal in some of these countries, please refrain from accessing our web site and should you choose, in any event, to access it, we hereby inform you that the use you decide to make of the services provided by www.goagoashop.com shall be your exclusive and personal responsibility.
MAKILEA has also taken every useful precaution to assure its users that the contents of www.goagoashop.com are accurate and do not contain any incorrect or out-of-date information, with respect to the date of their publication on the website and, as far as possible, thereafter.
However, MAKILEA accepts no responsibility towards users for the accuracy and completeness of the content published on www.goagoashop.com , without prejudice to its own liability for wilful misconduct and gross negligence and unless otherwise provided for by law.
Furthermore, MAKILEA cannot guarantee users that the website will operate continuously, without interruptions and without errors or malfunctions due to the Internet connection. If you have any problems using our website, please contact Customer Service: customercare@goagoa.it.
A manager will be at your disposal to provide assistance and to help you restore the functionality of your access to the web site, if this is possible. Similarly, we advise you to contact your Internet service provider or check that each device for Internet connection and access to web content is correctly activated, including your Internet browser. Although MAKILEA tries to make every effort to ensure continuous access to its website, the dynamic nature of the Internet and its content may not allow www.goagoashop.com to operate without any suspensions, interruptions or discontinuity due to the need to make updates to the website.
MAKILEA has adopted appropriate technical and organisational measures to safeguard the security of its services on www.goagoashop.com , the integrity of traffic data and electronic communications from unauthorised use or unauthorised knowledge, as well as to avoid the risks of dispersion, destruction and loss of data and confidential and other information relating to its users on www.goagoashop.com , or unauthorised or unlawful access to such data and information.
These General Terms and Conditions of Use are governed by Italian law and in particular by Legislative Decree No. 206 of 6 September 2005 (Consumer Code).
In the event of disputes arising from the General Conditions of Use between MAKILEA and each of its end users, MAKILEA guarantees, as of now, full adherence to and acceptance of the RisolviOnline conciliation service. RisolviOnline is an independent and institutional service, provided by the Arbitration Chamber of the Chamber of Commerce of Milan, which allows a satisfactory agreement to be reached, with the help of a neutral and competent conciliator, in a friendly and secure way, over the Internet.
For more information on the RisolviOnline rules or to send a request for conciliation log on to Risolvionline.com.
Please also note that the European Commission provides a platform for out-of-court alternative dispute resolution, accessible at http://ec.europa.eu/odr.
TERMS AND CONDITIONS OF USE OF WWW.GOAGOASHOP.COM
1. Services
MAKILEA SRL (“MAKILEA”) offers you the opportunity to take advantage of the following “GOA GOA STORE” services (“Services”)*:
a. My orders: track the dispatch of your orders, change or return items that are not suitable for you and see your order history.
b. Wish list: save the items you most want and keep an eye on their availability.
c. My data: manage your registration data.
d. My addresses: save or edit your addresses to always have them at hand and complete your purchases faster.
e. My cards: save or modify the cards you use for your purchases and complete your orders quickly and securely.
2. Registration
2.1 If you want to use the Services, you must be an adult user, register on www.goagoashop.com by creating your account and accept these terms and conditions for using the Services. Registration is free of charge. To create your account you will have to fill in the registration form with the required information and assure MAKILEA that the information provided during the registration process is complete, correct and true. We will send you an email to confirm successful registration. We remind you that the credentials to access your account on www.goagoashop.com must be used exclusively by you and cannot be transferred to third parties. Subject to the limits of the law, MAKILEA cannot be held liable in any way in the event of access to your account by unauthorised third parties. Therefore, please keep your credentials confidential and inform MAKILEA immediately if you suspect that there has been unauthorised access to your account on www.goagoashop.com or that your password has been hacked.
2.2 The provision of certain Services may require the use of electronic communication channels (such as e-mail, SMS or telephone). If you wish to use these specific Services, you will therefore be asked to give your consent to be contacted by MAKILEA for the relevant communications by SMS, email or other communication channel.
2.3 Please also consult, if you have not already done so, our General Terms and Conditions of Use, which form an integral part of these Conditions. For any other legal information, please consult the sections on Terms and Conditions, Right of withdrawal and Privacy Policy.
3. Duration and Termination
3.1Your registration to the Services shall be effective from the moment you receive the relevant confirmation email and for as long as you use the Services.
3.2 You may at any time and for any reason cancel your subscription to the Services by sending a request to our Customer Service: customercare@goagoa.it. If you have exercised your right to cancel, we will send you an email to confirm that you have cancelled the Services.
3.3 MAKILEA reserves the right to cancel your registration to the Services in the event of violation of the provisions contained in these Terms and Conditions, or in the event that you have not provided complete, true and correct personal data, without prejudice to your right to compensation for the damage suffered. MAKILEA also reserves the right to temporarily suspend, without prior notice, the provision of the Services for the time required for the technical interventions necessary and/or appropriate to improve the quality of the Services themselves. MAKILEA may, at any time, interrupt the provision of the Services if there are security reasons.
4. Notice on Services
MAKILEA endeavours to provide accurate Services. Subject to legal limitations, the Services are provided free of charge as is (“AS IS”). MAKILEA makes no warranties, including but not limited to, as to the quality, proper functioning, freedom from interruption, or fitness for a particular purpose or result intended by you.
5. Editing and Updating
These Conditions shall be amended from time to time also in consideration of any regulatory changes. The new Conditions shall be effective from the date of publication on www.goagoashop.com . Therefore, please access this section regularly to check the publication of the most recent and updated Terms.
*Availability of the Services varies depending on your country. Check in your account on www.goagoashop.com which Services are available.
