A. TERMS AND CONDITIONS OF USE

These terms and conditions (together with the information and policies contained in the "Customer Service" pages of the website and any other documents referred to in these terms and conditions) ("Terms and Conditions") set out the legal terms that apply to your use of the website our www.ginissima.com,
Please read these Terms and Conditions carefully and make sure you understand them before using our services. Remember that, by using the services, you agree to comply with these Terms and Conditions. If you do not accept these Terms and Conditions, you will not be able to use these services and you must leave the site immediately. If you continue to use the website or if you order products, we will understand that you accept our terms and conditions.

1. UNDERSTANDING TERMS AND CONDITIONS

When certain words and expressions are used in these terms and conditions, they have specific meanings (these are known as defined terms). You can identify these defined terms because they start with capital letters (even if they are not at the beginning of a sentence). If a defined term is used, it has the meaning given in the Terms and Conditions section in which it was defined (you can find these meanings by examining the sentence in which the defined term is enclosed in brackets and quotation marks).
When we refer to "we", "us" or "us", we mean our company. If we refer to "your" or "your" we mean the person using the services.
We have used headings to help you understand these Terms and Conditions and to find information easily. These Terms and Conditions are only available in English for our English, French or Italian website. We will not send copies of the contracts between us and you relating to the provision of our services, therefore we recommend that you print or save a copy of these Terms and Conditions for your records (however, please note that we may change these Terms and Conditions from when, so please check the site regularly and every time you use the services to order products, to make sure you understand the legal terms that apply at that time).

2. ABOUT US

Ginissima
www.ginissima.com ("Site") is the official store of the Ginissima registered brand. These Terms and Conditions of Use govern your access to and use of www.ginissima.com. The access and use of this website, as well as the purchase of products on www.ginissima.com, is based on the assumption that these Terms and Conditions of Use have been read, understood and accepted by you. This website is managed and maintained by SC Ares Capital Solutions LLC ("Supplier") based in Bucharest, Romania, authorized workplace in Electromagnetica Business Park, Calea Rahovei 266-268, Building 1, Room 1a, VAT registration code RO37791109.

The Provider may simply change or update all or some of these Terms and Conditions of Use. Any changes or updates to the Terms and Conditions of Use will be posted for our users on the home page of www.ginissima.com as soon as these changes or updates have been made and will be binding as soon as they are published on site in this section. Therefore, we recommend that you regularly access this section on the website to check the publication of the latest and updated Terms and Conditions of Use of the website www.ginissima.com. If you do not agree with the www.ginissima.com Website Terms and Conditions or any part thereof, please do not use our website.
Access to and use of the www.ginissima.com website, including displaying web pages, communicating with the Supplier, downloading product information and making purchases on the Website, are performed by our users exclusively for personal purposes, which would not must in no way be connected to any commercial, commercial or professional activity. Please note that you will be responsible for your use of www.ginissima.com and its content. The Provider will not be considered responsible for any use of the site and its content by its users that does not comply with the laws and regulations in force, without prejudice to the Provider's liability for gross negligence.
In particular, you will be liable for the communication of information or data that is incorrect, false or relating to third parties (where such third parties have not given their consent), as well as for the improper use of such data or information.

3. PRIVACY POLICY AND THE USE OF COOKIES

We recommend that you read the privacy policy and the use of cookies that also apply if users access www.ginissima.com and use the relevant services without making purchases. The PRIVACY AND COOKIE POLICY will help you understand how and for what purpose www.ginissima.com collects and uses your personal data.

4. INTELLECTUAL PROPERTY RIGHTS

All content included in this site, such as works, pictures, images, dialogues, music, sounds, video clips, documents, drawings, figures, logos, menus, web pages, layouts, methods, processes, functions and software (collectively, "Content"), is the property of Ginissima Srl. - based in Italy at Corso Di Porta Nuova 46, 20121 Milano (MI), company registration number, fiscal code and tax registration code 10269990965 and / or of the supplier and is protected by national and international copyright and other laws regarding intellectual property. You may not reproduce, publish, distribute, display, modify, create derivative works from or exploit in any way, in whole or in part, the content without the prior written consent of Ginissima Srl and the Supplier as the case may be.
Ginissima Srl and / or the Supplier has the exclusive right to authorize or prohibit, at their sole discretion, any reproduction, publication, distribution, display, modification, creation of derivative works or exploitation in any way, in whole or in part, of the content . Ginissima Srl and / or the Supplier has the right, at any time, to claim the authorship of any content published on this site and to contest any use, distortion or other modification of such content.
Any reproduction, publication, distribution, display, modification, creation of derivative works or exploitation in any way of the content expressly authorized in writing by Ginissima Srl and the Supplier shall be done by you only for lawful purposes and in accordance with all laws applicable.

5. LINKS TO OTHER WEBSITES

www.ginissima.com may contain links to other sites that are in no way connected to www.ginissima.com or the Provider. The Provider does not control or monitor these third-party sites or their content. The provider will not be held responsible for the content of these websites and / or for the rules they adopt regarding, but not limited to, the privacy and processing of your personal data when you visit these websites. Please be careful when accessing these websites through the links provided on www.ginissima.com and read their terms and conditions of use and privacy policies carefully. Our Terms and Conditions of Use and Privacy and Cookie Policy do not apply to third party websites. www.ginissima.com provides links to other websites solely to assist its users in searching and navigating the Internet and to enable links to websites on the Internet. When the Provider provides links to other websites, the Provider does not recommend its users access to these websites and does not provide any guarantee for their web content or for the services and products provided and sold by these websites to Internet users .

6. LINKS TO GINISSIMA.COM

Please contact the Provider at the following email address: CONTACT@GINISSIMA.COM if you are interested in linking the Home Page of www.ginissima.com to other publicly accessible web pages. You are requested to contact the Provider to request our consent to link www.ginissima.com. The Provider grants links to www.ginissima.com free of charge and on a non-exclusive basis. The provider has the right to object to certain links to its website if the applicant intending to activate links to www.ginissima.com has in the past adopted unfair business or commercial practices that are not generally adopted or accepted by market operators or have carried out activities of unfair competition towards the Supplier or its suppliers or when the Supplier fears that such practices or such activities may be adopted by the applicant in the future. In any case, it is prohibited to send deep links (such as deep frames) to www.ginissima.com or use unauthorized meta tags without unauthorized consent.

7. CONTENT STATEMENT

The provider does not guarantee that the content of the website is appropriate or legal in other countries outside the European Union. However, if such contents are considered illegal or unlawful in some of these countries, please do not access this website and, should you choose to access it, we inform you that use of the services provided by www .grissima.com will be your sole and personal responsibility. The provider has also adopted measures to ensure that the content of the www.ginissima.com page is correct and does not contain incorrect or outdated information. However, the Provider cannot be held responsible for the accuracy and completeness of the content, except for its liability for tort and gross negligence and in the cases provided by law.
Moreover, the Provider cannot guarantee that the Website will work continuously, without interruptions and errors due to the Internet connection. In case of any problems related to the use of our website, please contact Customer Service by visiting the CUSTOMER SERVICE area. A representative of the Provider will be available to assist you and assist you in restoring your access to the Website as far as possible. At the same time, contact your Internet service provider or check that each device for Internet connection and access to web content is activated correctly, including your Internet browser. The dynamic nature of the Internet and web content may not allow www.ginissima.com to function without suspensions, interruptions or discontinuities due to website updating. The provider has adopted appropriate technical and organizational security measures to protect the services on www.ginissima.com, the integrity of data and electronic communications to prevent unauthorized use or access to data, as well as to prevent risks of dissemination, destruction and loss of data and confidential / non-confidential information regarding users of the www.ginissima.com website and to avoid unauthorized or illegal access to this data and information.

8. OUR BUSINESS POLICY

The supplier has adopted a business policy; its mission is to sell products through its services and on its website only to the "consumer". "Consumer" means any natural person who acts on www.ginissima.com for purposes outside of his trade, professional or professional activity (if any). If you are not a consumer, please do not use our services to purchase products on www.ginissima.com. The Supplier has the right to object to the processing of purchase orders from persons other than consumers and any other purchase order that does not comply with the Terms and Conditions of Sale and these Terms and Conditions of Use.

9. APPLICABLE LAW

These Terms and Conditions of Use are governed by Romanian law.

B. TERMS AND CONDITIONS OF SALE


The following terms and conditions of sale govern the offer and sale of products on our website (together with the documents referred to below, including the TERMS AND CONDITIONS OF USE, RETURNS POLICY and PRIVACY AND COOKIE POLICY .

Please read these terms and conditions carefully before ordering any products. You must understand that by ordering any product, you agree to be bound by these terms and conditions. Products purchased on www.ginissima.com are sold directly by SC. Ares Capital Solutions S.R.L. (hereinafter referred to as "the seller" or "we" or "us" or ACS) which has its headquarters in the European Union, Romania, at an authorized work point in Strada Colonel Corneliu Popeia no. 43, fiscal code and VAT code 37791109.
The request for additional information can be made through the CUSTOMER SERVICE area, where you will find information about orders, shipping, refunds and returns of products purchased on www.ginissima.com, registration form, tips and other general information about the services offered by www.ginissima. com.
For any other legal information, go to the sections: TERMS AND CONDITIONS OF USE, RETURN POLICY and section PRIVACY POLICY AND THE USE OF COOKIES on ginissima.com.

1. OUR BUSINESS POLICY
1.1 The Seller offers products for sale on www.ginissima.com and its e-commerce business services are available exclusively to end users, namely "Consumers".
1.2 "Consumer" means any person acting for purposes which are not outside his scope of business, professional or professional. If you are not a consumer, please do not purchase any products on www.ginissima.com.
1.3 The provider reserves the right not to process orders received from users who are not "Consumers" and any other order that does not comply with the provider's business policy.
1.4 These Terms and Conditions of Sale (together with the documents referred to herein) govern the offer, submission and acceptance of purchase orders relating to products on www.ginissima.com between users of www.ginissima.com and the Seller.
1.5 Terms and conditions. The terms of sale do not regulate the provision of services or the sale of products by third parties located on the website www.ginissima.com through links, banners or other hypertext links. Before submitting orders and purchasing products and services from those third parties, we recommend that you check the terms and conditions of the third party, because in no case will the seller be held responsible for the provision of services provided by third parties or for the execution of - business transactions between users of the website www.ginissima.com and third parties.

2. HOW TO PERFORM A CONTRACT WITH THE SELLER
2.1 To place an order for the purchase of one or more products on www.ginissima.com, you must complete the online order form and send it electronically to the Seller in accordance with the relevant instructions.
2.2 The order form contains a summary of these Terms and Conditions of Sale, information about the main features of each product ordered and the corresponding unit price (including all applicable taxes and duties), the type of payment you can use to purchase each product, shipping terms for purchased products, delivery and delivery costs and terms and conditions for returning purchased products.
2.3 An order is deemed to have been placed when the seller receives the order form in electronic format and the order information has been verified as correct.
2.4 Before submitting the order form for the purchase of products, you will be required to read the Terms and Conditions of Sale carefully, print a copy using the print option and save or reproduce a copy of it for your personal use.
2.5 The order form will be submitted to our database for the time required to process your order and as required by law. You can access the order form by logging in and visiting the section called Orders in the MY ACCOUNT area.
2.6 Before submitting the order form, you will be asked to identify and correct possible input errors.
2.7 Romanian is the language used for the execution of contracts with the Supplier.
2.8 After the order form has been sent, the Seller will process your order.
2.9 The Seller cannot process purchases when there are insufficient solvency guarantees, when orders are incomplete or incorrect or products are no longer available. In the above cases, we will inform you by e-mail that the contract has not been executed and that the seller has not fulfilled your purchase order specifying the reasons for this. If the products displayed on www.ginissima.com are no longer available on the date of your last access and after the Seller has received the order form, the Supplier will inform you of the unavailability of the ordered products within thirty (30) days from the day in which the supplier received your order. If the order form has been submitted and the price has been paid for items that are no longer available, the seller will refund the amount paid for those items.
2.10 By submitting an order form and a contract with the Seller, you unconditionally accept and undertake to comply with the provisions of these Terms and Conditions of Sale. If you do not agree with certain provisions of these Terms and Conditions of Sale, please do not submit the order form for the purchase of products on www.ginissima.com.
2.11 By submitting an order form you agree and accept these terms and conditions of sale as well as other conditions contained on www.ginissima.com, even if links, including the TERMS AND CONDITIONS OF USE and the PRIVACY AND USE POLICY COOKIE-from ginissima.com.
2.12 Upon submission of an order form, the Seller will send you an e-mail regarding a purchase order, containing a summary of the information related to the order form (Terms and conditions of sale, main features of the products, detailed information about price, payment terms, return policy and shipping costs).

3. WARRANTIES AND INDICATIONS REGARDING THE PRICE OF THE PRODUCT
3.1 On www.ginissima.com, we only offer products marked with the "Ginissima" brand.
3.2 The Seller does not sell second-hand products, defective products or products of a quality below the relevant market standards.
3.3 The main features of the products are displayed on www.ginissima.com on each product page. The products offered for sale on the website www.ginissima.com may not correspond exactly to the actual garments in terms of image and colors due to the browser or internet monitor used.
3.4 Prices are subject to change and will be quoted on our website from time to time, except in cases of obvious error. Check the final sale price inte to send the relevant order form.
3.5 Addresses to which the Supplier cannot deliver will be automatically cancelled.
3.6 Please note that if a product is not in stock online in www.ginissima.com when an order is placed, we manufacture the product specifically for you, so please be careful when choosing your size; if you are not sure, please write to us in advance at orders@ginissima.com.

4. PAYMENT
4.1 Payment of product prices and delivery and delivery costs must be made using one of the procedures indicated on the order form.
4.2 In the case of payment by credit / debit card, our payment system ensures secure transactions, as all financial information (credit card number, expiration date, etc.) goes directly to Mobilpay, thanks to a VeriSign certified system based on SSL 128 bit encryption protocol, guarantees the security of online transactions. Such financial information will not be used by the Seller except to carry out the relevant procedure for your purchase or to issue refunds in case of returns in accordance with the exercise of the right of return or to report cases of fraud to the police. The price for the purchase of the products and the costs of delivery, as indicated in the order form, will be debited to your checking account only when the purchased products are actually shipped.

5. TRANSPORTATION AND DELIVERY OF PRODUCTS
For specific product shipping and delivery procedures, see the CUSTOMER SERVICE area. Please read these sections carefully. The information provided in these sections forms an integral part of these Terms and Conditions of Sale and accordingly will be deemed to have been fully read and accepted by you at the time of submitting the order form.

DELIVERY
Shipping information
Ginissima orders are delivered Monday to Friday between 9am and 5pm. As each order is unique, shipping costs may vary depending on the size, weight and destination of the items chosen.

For all goods within the European Union, we offer a standard flat shipping fee of €19 when you buy just one pair of shoes. For larger orders, see shipping cost information.
For orders within Romania, we offer a shipping fee of 19 RON for a pair of shoes.
All relevant delivery options available for your order and your destination will be displayed in your shopping cart before you complete your order.

Delivery and transport times:

DHL STANDARD: Most delivery within Europe within 2-4 days after your shoes are produced by us (up to 8-10 working days).
GLS STANDARD: available only in Romania: delivery within 2-4 days after production (up to 8-10 working days)
Please note that our shipping times are to be used as a guide only and are based on shipping time. Ginissima cannot take responsibility for non-approval of payments made by you which may delay the collection of your order, although we will try to minimize any potential delays.

6. CUSTOMER SERVICE
Please contact CUSTOMER SERVICE for additional information: CLICK HERE to contact Customer Service directly.

7. CONSUMER RIGHTS AND RETURN PERIOD

7.1 If you are a consumer, for products available in stock and for which you have not made a special pre-order, you can cancel your contract with the seller in relation to the products purchased from www.ginissima.com, without any penalty and without specifying reason, by notifying the seller in writing within fourteen (14) business days from the day after you received the products for all products that are not manufactured specifically for you. In this case, you will receive a full refund of the price of the products in subject to clause 8 and clause 10 below.
7.2 The Products must be delivered to the Supplier within fourteen (14) working days of the date on which you notify the seller of the cancellation, in the same condition in which you received it and at your own expense. You have a legal duty to take reasonable care of the products while they are in your possession. If you fail to comply with this duty, we may have a right to take action against you for compensation.

7.3 To return products:
A. you must notify us in writing within fourteen (14) business days (starting from the day after you received the products) by completing and submitting the return authorization form online. You should keep a record of the cancellation notice;
B. the products should not have been used, worn, washed or damaged;
C. the products must be returned in the original packaging;
D. The Products must be sent to the Supplier within fourteen (14) working days of the cancellation of the contract.
7.4 If you cancel the contract within the 14 (14) working day period in accordance with this Clause 7, we will process the refund due as soon as possible and in any event within thirty (30) days of the day you notified of cancellation. The supplier will refund the full price of the product
7.5 You can return the products to the Supplier either by:
A. approved courier (if this is indicated in the online return authorization request);
B. by securely packaging the relevant products and sending them to the Seller using your return authorization number (as provided via the online return authorization request). For your protection, we recommend that you use a courier service if you choose to return goods other than the approved courier as detailed in clause 7.5 (a).

8. ITEMS RETURNED BECAUSE THEY ARE DEFECTIVE OR INCORRECT
8.1 Within thirty (30) days of receipt, you must notify the seller of the identified error in the delivered products or of a damaged or defective product, if a product becomes defective after thirty (30) days, contact Customer Service to get more returns information. You must return the products in the same condition in which you received them. You have a legal duty to take reasonable care of the products while they are in your possession. If you fail to comply with this duty, we may have a right to take action against you for compensation.
8.2 To return products:
A. you must notify us in writing as soon as possible, and in any event within thirty (30) business days, by completing and submitting the online return authorization application. You should keep a record of the cancellation notice;
B. the products should not have been used, worn, washed or damaged;
C. the products must be returned, complete and unused, together with their original packaging;
D. Products must be returned to the Supplier within 7 working days of notification to the Supplier of the damaged or defective product or of the Supplier's error.
8.3 The Seller will examine all products returned as damaged or defective and notify you of the return by email within a reasonable time. We will usually process any refund due to you as soon as possible and in any event within thirty (30) days of the day we confirm to you by email that you are entitled to a refund for the damaged product or defect. Subject to Seller's acceptance of damaged or defective goods, products returned by you because they are damaged or defective will be refunded in full, including the shipping cost of sending your item and the costs incurred by you in returning the item to the Supplier. If the seller finds no fault with the returned products, you will be notified that the returned products cannot be accepted and you can choose to have the products delivered to you again.
8.4 If the recipient of the products indicated in the order form is different from the person who made the payment for such products, the amount paid for the returned items will be refunded by the seller to the person who made the payment.
8.5 The date of the credit value is the same as the date of the original debit value and therefore you will not suffer any loss of interest.
8.6 We will usually refund any money received from you using the same method you originally used to pay for the purchase.
8.7 The Seller will refund the price of the Products in accordance with the applicable term as specified in clauses 7 or 8 above. The Supplier shall not be liable for any delay beyond its control, including delays caused by the method of purchase or refund, including delays caused by the refund policies of credit / debit card companies.
8.8 For cash on delivery payments, you will be refunded the amount you paid for the returned products to the bank account you indicate in your Return Authorization Request. Note that a bank account is required to receive a refund for payment orders.

9. RETURN OF PRODUCTS SPECIALLY MANUFACTURED FOR YOU.
9.1. Products made according to the specifications presented by the consumer and/or clearly personalized cannot be returned according to the legislation in force.
According to GEO 130/2000 art. 10 lit. c) - "The consumer cannot unilaterally denounce the following types of contracts [...] c) contracts for the supply of products executed according to the consumer's specifications or of distinctly personalized products [...]."
According to GEO 34/2014 art. 16 letter c) - "The following are exempted from the right of withdrawal provided for in art. 9-15 with regard to distance contracts and contracts outside commercial premises: [...] c) supply of products made according to the specifications presented by the consumer or clearly personalized [...]."
However, considering that we want you to be fully satisfied with Ginissima products, we assure you that we will do our best to resolve your return request in case the size does not fit and make the necessary adjustments.

10. PRIVACY AND COOKIE USE POLICY
10.1 You will find information about how we process your personal data by visiting the PRIVACY AND COOKIE POLICY in the customer service area.
10.2 We recommend that you read, if you have not already done so, the TERMS AND CONDITIONS OF USE, which also contain important information about how we process our users' personal data and the security systems of www.ginissima.com.
10.3 For further information about the Privacy Policy, you can contact us at CONTACT@GINISSIMA.COM

11. APPLICABLE LAW
These Terms and Conditions of Sale are governed by Romanian law

12. CHANGES AND UPDATES
The terms and conditions of sale may be changed from time to time due to new laws and regulations or other reasons. The new Terms and Conditions of Sale will enter into force on the date of publication on www.ginissima.com.

C. RETURN POLICY

Please note that if a product is not in stock online in www.ginissima.com when an order is placed, we manufacture the product specifically for you, so please be careful when choosing your size; if you are not sure, please write to us in advance at orders@ginissima.com.

According to the legislation, products made according to the specifications presented by the consumer and/or clearly personalized cannot be returned: GEO 130/2000 art. 10 lit. c) - "The consumer cannot unilaterally denounce the following types of contracts [...] c) contracts for the supply of products executed according to the consumer's specifications or of distinctly personalized products [...]."
According to GEO 34/2014 art. 16 letter c) - "The following are exempted from the right of withdrawal provided for in art. 9-15 with regard to distance contracts and contracts outside commercial premises: [...] c) supply of products made according to the specifications presented by consumer or clearly personalized [...]."

However, considering that we want you to be fully satisfied with Ginissima products, we assure you that we will do our best to solve your return request and we can help you modify the items (enlarge/shrink) to fit you in case which size is not a perfect fit.

Our goal is to guarantee your complete satisfaction. If for any reason you are not satisfied with your order, you may exercise your right to return the purchased products within fourteen (14) working days from the date you received them from www.ginissima.com. Returned products must be sent back to the seller within fourteen (14) business days from the date of package delivery. Products can be returned by sending the package through the shipping agent indicated by the Supplier (DHL/GLS) or through another shipping agent. We also invite you to complete the Return Authorization Request available on the Website in the Customer Service area to provide you with a return authorization. It is not possible to return an item in exchange for another item.

1. RETURN TERMS AND CONDITIONS

The right to return products that are manufactured to order for you will be deemed to be properly exercised once the following conditions have been fully met:
A. we invite you to inform us about the return at the email address contact@ginissima.com or at our telephone number +40735 183 896 within fourteen (14) working days from the date of its receipt;
B. the products have not been used, worn, washed, modified or damaged;
C. the products are returned in the original packaging;
D. returned items must be sent back to the Supplier within fourteen (14) business days from the date of package delivery.
If you have met all the requirements mentioned above, the Seller will refund the full price for the purchased products.
You will be notified if returned products cannot be accepted. In this case, you can choose to have the products delivered to you. If you refuse the above delivery, the Supplier reserves the right to retain the products and the amount paid for the purchase of the products.

2. TIMES AND PROCEDURES FOR REFUND AND REPAIR

Every effort will be made to ensure a prompt refund. After our warehouse has received and processed the returned products and verified that all requirements have been met, you will be refunded within fourteen (14) days. Time period for refund of the amount paid for the purchase of the products returned depends on the type of payment used:
A. Credit / Debit Card Payments: Refunds in this case may take up to 10 additional business days to be completed by the bank, depending on processing time. This can vary greatly between card issuers and we cannot influence this. Note that the value of the loan amount will coincide with the date of the initial payment; therefore, you will not incur interest losses;
B. Cash on payment (if available): You will be reimbursed for the amount paid for the returned products to the checking account you indicate; the time required for reimbursement therefore depends on the accuracy of the information you provide [IBAN, BIC and swift codes]; refunds normally take place within thirty (30) days. Note that you will need to have a bank account to receive a refund for a cash on delivery order.
C. PayPal Payments (if available): The amount refunded to your PayPal account will be visible within 48 hours of receiving the refund confirmation email. Refunding the credit card you use with your PayPal account depends on the credit card issuer.
If your order has been sent to an EU destination, all sales tax (VAT) will be refunded. Outside the EU, customs duties and sales taxes are not refundable through the Ginissima Online Store. However, you may be able to recover them by contacting your local customs office directly.
For custom items sent to be remodeled, we will ensure that you receive them back within a maximum of 14 days after they reach us.

3. DHL

The seller uses the DHL service for delivery to the European Union

4. GLS

The seller uses GLS services for delivery in Romania.