1. Subject

 

1.1 The general sales conditions published herein govern the sales contract (hereinafter, for the sake of brevity, the “Contract”) to the users of the Site (hereinafter, for the sake of brevity, the “Purchasergs” or the “Purchaser”), by electronic means , of the goods (afterwards, for the sake of brevity, the “Good” or “Goods”) displayed on the Internet site undergofficial.com (hereinafter referred to as the “Site”), managed by UnderG S.r.l. – based in Terlizzi, Via Gorizia 86/A – 70038 Bari, VAT number: 08345200722.

1.2 The General Conditions of Sale published on the Site must be viewed and known by the Purchaser before making a purchase of an Asset and by sending the purchase order the Purchaser declares to have viewed and accepted them.

1.3 Purchasers will also benefit from the protections envisaged in the case of the conclusion of distance contracts pursuant to Title III, Section II, of Legislative Decree no. September 6, 2005, n. 206 (“Consumer Code”), as well as all the additional safeguards required for the Purchasers, from the Consumer Code itself http://www.codicedelconsumo.it/.

1.4 The “Times and Shipping” sections, “Returns and Refunds”, “Payment Methods” on the Site must be considered an integral and substantial part of these General Conditions of Sale.

 

2. Conlusion of the Contract

 

2.1 To proceed with the purchase of the Goods, the Purchaser must send his purchase order and make the payment, following the procedures indicated in the sections specifically dedicated.

2.2 In particular, the steps to proceed with the purchase are as follows:

a) the Purchaser will be able to freely access the Website and display the essential characteristics of the Goods displayed, including the price, as well as the images published for the purpose of illustrating the Goods themselves;

b) the Purchaser will be able to select one or more Goods for which he intends to make the purchase, placing them in a virtual “cart”. The contents of the cart can always be viewed by the Purchaser before proceeding with the order; furthermore, by accessing the shopping cart, the Purchaser will be able to know, prior to purchase and payment, any information relating to the purchase of the Goods, including shipping costs and estimated delivery times;

c) to make the purchase, the Purchaser must register with the Site, communicating his / her e-mail address and a password of his liking, which will enable him / her to access the Site;

d) as an alternative to registration on the Site, the Purchaser may make the purchase as a guest. In this case, the data requested in order to complete the order will be stored in the UnderG database only for the period of time necessary to process the order and the Purchaser will be required to enter the same data with each new one. order; e) in order to complete the order, the Purchaser, in the “shopping cart” section, must also enter the address of the shipment and the data required for payment;

f) the Purchaser will be able to modify the chosen Goods and the data entered until the final order is placed, which must be done by selecting the “Payment” button.

2.3 The Purchaser may make the payment by credit card, bank transfer or my bank. More detailed information on the payment methods can be found in the “Payment” section of the Website.

2.4 Once the purchase order has been received, UnderG will send to the Purchaser’s email address a confirmation receipt of the order containing a summary of the information relating to the purchase and will proceed to the order. The order will be deemed, in any case, accepted and, consequently, the Contract will be considered concluded when the Purchaser will receive, on his e-mail account, the order confirmation.

2.5 The contract will be filed in pdf and will be sent via the aforementioned e-mail and filed via computer to UnderG.

 

3.  Right and Obligations of the Parties

 

3.1 UnderG will deliver the Goods to the address communicated by the Purchaser in the purchase order, through a specially appointed carrier. More detailed information on the times, costs and shipping locations are available in the “Times and Shipping” section of the Site.

3.2 UnderG assumes no responsibility for any errors in delivery due to inaccuracies or incompleteness in the completion of the purchase order by the Purchaser or to any damage that may occur to the Goods after delivery to the carrier as well as any delays in delivery dependent on the same carrier or weather conditions, international customs issues or other circumstances outside the control of the UnderG.

3.3 In the event that one or more Goods are not available, UnderG will notify the Customer by sending an email to the email address indicated by the same at the time of registration to the Site. In this case, UnderG will reimburse the Customer, by crediting the payment card or the Buyer’s account indicated for the purchase, the price and, where the purchase concerned only the unavailable asset, the shipping costs. If the Buyer agrees, UnderG will be able to send a different asset to the one ordered, of equivalent value.

3.4

In the event that the designers decide to make changes during production and / or not to produce one or more products, as well as in case there is a variation or the pre-order product is not delivered by the designer, UnderG will contact the customer to request express approval and proceed with the shipment anyway, or cancel the order and make a refund.

3.5

In any case, the unavailability of one or more goods ordered can not constitute grounds for cancellation of the entire order by the Purchaser.

3.6 At the time of delivery of the Goods by the carrier in charge of the relative transport, the Purchaser must check in the presence of the carrier:

a) that the packaging used for transport is intact, not damaged or altered, even only in the closing materials;

b) that the quantity and type of the goods ordered corresponds to what is indicated in the transport document and to what has been ordered.

3.7 If the Purchaser finds any anomalies or discrepancies, he must immediately inform the carrier at the time of delivery of the Goods.

3.8 The Purchaser is solely responsible for the truthfulness and correctness of the information and data provided to UnderG and undertakes to promptly communicate any changes to the data previously communicated.

 

4. Conformity of the Goods

 

4.1 UnderG undertakes to ensure that the description and / or photographic representation of the Goods on the Website is as faithful as possible to the Goods themselves.

However, given that the quality of the images may depend on the IT tools used by the Purchaser, it is possible that the Buyer’s perception of the description or the photographic representation of the Goods does not correspond exactly to the same Good, so that the images and the videos accompanying the presentation of the Goods must be considered published on the Website purely descriptive.

4.2 In the event that the Goods delivered are ascertained as defective or different from the one ordered, UnderG undertakes to provide the Customer with a legal guarantee of conformity, to be exercised under the terms and conditions set forth in articles. 128 and ss. of Legislative Decree No. 206/2005. In particular, the Purchaser will have the right to request, alternatively:

a) the delivery of a good identical to that ordered consistent with the availability of stock.

b) the delivery of an Asset of quality and an equivalent price consistent with the availability of stock.

c) reimbursement of the price of the good and shipping costs.

4.3 The warranty provided for in this article will be applied only if the Goods have been handled with due diligence and in respect of their intended use, as well as upon presentation by the Purchaser of the delivery note received and indication of the number order.

4.4 In any case, the warranty referred to in this article will not be applied with reference to defects arising from normal wear and tear of the asset.

5. Recess

5.1 In compliance with the provisions of the Consumer Code, the Purchaser has the right to withdraw from the Contract, without the payment of penalties and without having to specify the reasons, starting from receipt of the order confirmation sent by UnderG and within the deadline fourteen working days from receipt of the goods.

5.2 If the Buyer intends to make use of this right of withdrawal, the Buyer must provide, within the aforementioned term of 14 working days from the date of delivery of the Goods, the sending of a specific communication to the UnderG.

5.3 In the case of exercising the right of withdrawal, the Purchaser will also be required to return the asset to UnderG within and not later than two weeks from the sending of the aforesaid communication.

5.4 More detailed information on the procedure and instructions to be followed for the exercise of the right of withdrawal and related expenses are available in the “Returns and Refunds” section of the Website.

5.5 Essential condition for the exercise of the right of withdrawal will be the substantial integrity of the product to be returned. It is however sufficient that the asset is returned in a normal state of conservation, as it is stored and possibly handled with the use of normal diligence.

5.6 In particular, the Goods must be returned:

a) properly packaged in their original packaging, in perfect state of resale (not damaged, damaged or dirty) and equipped with any accessories and documentation;

b) carrying the transport document (present in the original packaging), in order to allow UnderG to identify the Purchaser (order number, name, surname and address);

c) without manifest signs of use, if not those compatible with the carrying out of a normal test of the article. In other words, they must not bear any prolonged use (over a few minutes) exceeding the time required for a test and must not be in a state that does not allow them to be resold.

5.7 The cost of returning the goods will be charged to the Purchaser, as specified in the “Returns and Refunds” section of the Website.

5.8 Following the exercise by the Purchaser of the right of withdrawal in accordance with these General Conditions of Sale, UnderG will refund to the Customer the sums paid by the same, by crediting the payment card or the current account indicated for the purchase. The reimbursement will take place within 14 days from the date on which UnderG becomes aware of the right of withdrawal by the Purchaser.

5.9 In the case of non-compliance by the Purchaser with the conditions set forth in art. 5.5 and 5.6, the Seller reserves the right to deduct from the reimbursement of the sums paid by the Purchaser an amount corresponding to the decrease in value of the Goods returned, giving notice to the Purchaser. Following this communication, the Buyer has the possibility to recover, at its own expense, the products in the state in which they were returned to the Seller.

5.10 The right of withdrawal, in any case, can not be applied with reference to the following Goods:

a) personalized goods or goods which, by their nature, can not be returned or are liable to deteriorate or expire rapidly;

b) Electronic, computer, cosmetic and perfume goods sealed and opened by the Purchaser.

6. Protection of Personal data

 

6.1 UnderG undertakes to respect the confidentiality of personal data collected at the time of registration to the Site and / or those communicated at the time of purchase by the Purchaser and to treat them in compliance with the provisions of Legislative Decree no. 196/03.

6.2 In this regard, please refer to the detailed information contained in the “Privacy” section.

 

7. Miscellaneous

 

7.1 UnderG reserves the right to modify these General Conditions of Sale at any time.

7.2 The General Conditions of Sale applicable to the sale of each asset will be those published on the Site on the date of the order relating to the asset itself. Therefore, the Purchaser must read and accept these General Conditions of Sale before proceeding with each purchase.

7.3 If any provision of these General Terms and Conditions of Sale should be considered void or invalid, these General Conditions of Sale will remain valid and productive of effects in the remaining part.

7.4 The mere tolerance or non-compliance by UnderG of any breach of the Purchaser with respect to what is contained in the General Conditions of Sale can not be interpreted as tacit acceptance of such failures, nor as a desire to derogate from what was agreed between the parties.

 

8. Communications:

 

8.1 For any communication and / or request for assistance and / or claim related to the Goods purchased, the Purchaser may contact UnderG at the addresses indicated in the “Customer Service” section of the Website.

 

9. Applicable law and resolution of disputes:

 

9.1 These General Terms and Conditions of Sale are governed by Italian law and, therefore, will be interpreted and executed in accordance with it.

9.2 In case of disruption or controversy between UnderG and one of our users / customers, we guarantee from now on our participation in a friendly conciliation attempt that the user can promote in front of RisolviOnline, 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 manner. “

 

 

Summary window pre-order acceptance

 

The products purchased on this site are sold directly by UnderG S.r.l. – with headquarters in Terlizzi, Via Gorizia 86/A – 70038 Bari, VAT: 08345200722 (later, for the sake of brevity, “UnderG”). For more information, visit the Legal Area (insert Link). You will find information about orders and shipments, refunds and the return of products purchased on this site in the “Times and Shipping” and “Returns and Refunds” of the Site. Remember that even after your purchase, you can always contact UnderG through the following “Contacts” (insert link).

You have the right to withdraw from the contract concluded with UnderG, without any penalty and without specifying the reason, within fourteen (14) days, starting from the day of receipt of the products purchased on this site. To cancel the contract you must send an e-mail to [email protected] to request an authorization number. The written request must contain the order number, the item code to be returned and the reason for the return: refund, change of size or color. Once the written request has been received, [email protected] will send a written confirmation with an authorization number. You must write this authorization number on the return form attached to each item and on the outside of the box.

The Right of Withdrawal is correctly exercised if the following conditions are fully met: a. The Return Form and the security seal must still be intact and attached to the returned items. They must not be removed or cut in any way. b. The articles must not have been worn, washed or altered in any way and must not show any sign of use. The soles of the shoes must be in perfect condition and must not be marked in any way.

c. Items must be returned with all original labels, packaging and other accessories (bags, hangers, garment bag, etc.) received with the order .; is. returned products must be delivered to the courier within fourteen (14) days from when you have notified your decision to withdraw from the contract to UnderG.

The shipping costs for the return of items purchased at full price or discounted to less than 50% are charged to UnderG. The shipping costs for the return of discounted items over or equal to 50%, are charged to the customer.

Any customs charges are always charged to the customer.

UnderG recommends that all returns be sent via SDA.

All information regarding withdrawal is available in the Legal Area – “General Terms and Conditions of Sale” (insert link) and in the “Returns and Refunds” section (insert link) of the Site.

 

General conditions

The undergofficial.com website is managed by Gianvito Colasanto’s UnderG S.r.l. – based in Terlizzi, Via Gorizia 86/A – 70038 Bari, VAT: 08345200722.

Access to and navigation on the site undergofficial.com are governed by these Terms of Use of the Site, so by accessing and browsing the site undergofficial.com users agree to abide by compliance with these Conditions.

Access to the Site and related services is intended exclusively for personal use that is unrelated to any commercial, business or professional activity.

Intellectual and industrial property

The Site and its contents (by way of example but not limited to: works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, menus, web pages, the graphics, colors, patterns, tools, characters and design of the website), as well as the trademarks and distinctive signs used by UnderG in relation to the sale of goods, are protected by the rules on intellectual property rights and industrial. Consequently, any kind of reproduction, communication, distribution, publication, alteration or transformation, in any form and for any purpose, of the contents of the Site, trademarks and distinctive signs used by UnderG that is not expressly authorized by Universal or by any other rights holders.

The trademarks and distinctive signs on the Site that distinguish the products sold on undergofficial.com are the property of their respective owners and are used within the Site for the sole purpose of distinguishing, describing and advertising the goods for sale.

 

Use of the Website

The user is solely responsible for the use of the Site and its contents, as well as the sole responsible for the custody and proper use of their personal information, including the credentials that allow access to the Site and any harmful consequences or prejudice that should derive from the incorrect use, loss, subtraction of such information.

Save responsibility for willful misconduct and gross negligence, UnderG does not assume any responsibility for the use of the Site and the contents not compliant with the laws in force by the User, nor for the communication of incorrect or false information or data to third parties, without the latter having given their consent.

UnderG assumes no responsibility for the malfunctions of the Site nor for damages caused to the User by the use of the Site, which are not causally attributable to the same UnderG.

UnderG publishes information on its website in order to provide a service to users, but disclaims any responsibility for any technical inaccuracies and / or typographical errors. If you report, UnderG will make corrections immediately.

UnderG does not offer any guarantee that the information published on its website complies with the laws of the competent jurisdiction for the user.

The website is a site protected according to international Internet standards, therefore the user’s device can not be infected by a virus during navigation if this happens correctly. However, UnderG declines all responsibility for any problems, damages, viruses or risks that the user may incur during the improper use of the website and disclaims any responsibility for any malfunction of the website due to the deactivation of “cookies” in the user’s browser.

Users must accept the terms and conditions of this legal notice, and must periodically visit these pages for any updates, changes and corrections.

UnderG reserves the right to make corrections and changes to the website, as well as to change the terms and conditions of use of the Website when necessary, without notice.

Commercial Policy

 

The offer and sale of products on the website undergofficial.com are governed by the conditions set out in the General Sales Conditions paragraph.

UnderG offers its products for sale and carries out its e-commerce activity exclusively towards end users who are “consumers”.

“Consumer” means any physical person who operates on undergofficial.com for purposes unrelated to business, commercial, craft or professional activity carried out.

In consideration of its commercial policy, UnderG reserves the right not to follow orders from subjects other than the “consumer” or in any case to orders that do not comply with its commercial policy.

In particular, to place orders on the site, Customers must: – be consumers – be 18 years of age – have the necessary requirements to be able to enter into legally binding contracts – have a valid POP email address – have a valid credit card: Visa , American Express, MasterCard or a bank account.

At undergofficial.com, only top-quality branded products are offered for sale.

The essential characteristics of the products are presented on undergofficial.com within each product page.

UnderG undertakes to ensure that the description and / or photographic representation of the products is as faithful as possible to the products themselves. However, bearing in mind that the quality of the images may depend on the computer tools used, it is possible that the perception of the description or the photographic representation of the products does not correspond exactly to the products themselves, so that the images and videos accompanying the presentation of the products they must be considered published purely descriptively.

Prices and Currency

The published prices and the final invoices will be in Euros (EUR) for all the countries of the world except for Great Britain and United States of America. For these countries, Sterling (GBP) and Dollars (USD) will be used respectively.

To help customers in the approximation of euro values ​​in the local currency, the website has a currency converter function. Final amounts on a credit card can vary based on currency fluctuations and bank charges.

UnderG invites customers to contact their bank to know the value of price conversion and bank commissions related to the transaction.

Credit cards will be debited in Euros, and therefore, due to variable exchange rates, the final price will be calculated and charged to the credit card with the exchange rate applicable on the day of the transaction.

 

Promo codes

Customers who have received a PROMO CODE through newsletters, through social networks or on compliant promotional websites can enter the code during the purchase order or in the checkout. Each code has a start and end validity date that limits its use and can not be extended.

Order processing

UnderG reserves the right to refuse an order if Global Collect does not receive approval from the client’s bank. Once an order of available products has been issued, changes to this order can not be made. Orders placed separately will be shipped separately. UnderG reserves the right to delay a shipment if the order can not be sent for reasons beyond the control of UnderG. Please note that during promotions and sales there may be delays in shipping. UnderG reserves the right to refuse to process an order and / or service at any time.

Cookie Policy

Cookies are small text strings that the sites visited by the user send to his terminal (usually the browser), where they are stored before being re-transmitted to the same sites at the next visit of the same user. During the navigation on a site, the user can also receive cookies on their terminal that are sent from different websites or web servers (so-called “third parties”), on which some elements may exist (such as, for example, images, maps, sounds, specific links to pages of other domains) on the site that the same is visiting.

This cookie policy has the specific purpose of illustrating the types, methods of use and to provide guidance on actions to reject or delete cookies on the website, if desired.

Cookies used

UnderG uses the following categories of cookies, divided according to the classification proposed by the Privacy Guarantor in the opinion of 8 May 2014 “Identification of the simplified procedures for the information and the acquisition of consent for the use of cookies.”

 

Technical cookies

Technical cookies are those used for the sole purpose of “transmitting a communication over an electronic communications network, or to the extent strictly necessary for the provider of an information society service explicitly requested by the subscriber or user to provide this service “(see Article 122, paragraph 1, of the Privacy Code).

They are not used for further purposes and can be divided into navigation or session cookies, which guarantee the normal navigation and use of the website (allowing, for example, to make a purchase or authenticate to access restricted areas); analytics cookies, similar to technical cookies when used directly by the site operator to collect information, in aggregate form, on the number of users and how they visit the site; functional cookies, which allow the user to browse according to a series of selected criteria (for example, the language, the products selected for purchase) in order to improve the service rendered to the same.

You can prevent Google from detecting a cookie that is generated due to and related to your use of this website (including your IP address) and the processing of such data by downloading and installing this browser plugin: http: //tools.google.com/dlpage/gaoptout?hl=en

Profiling cookies

Profiling cookies are designed to create profiles related to the user and are used in order to send advertising messages in line with the preferences expressed by the same in the context of surfing the net.

UnderG uses the following profiling cookies: Scarab.visitor

Third-party cookies

Third-party cookies derive from ads from other sites, such as popups or advertising banners, on the website displayed. They can be used to register the use of the website for marketing purposes. Third-party cookies are usually used for profiling purposes.

In particular, as you browse our site, these cookies are used to show you products that may be of interest to you or similar to those you’ve looked at previously, based on your browsing history. The use of these cookies does not normally imply the processing of personal data, but can allow connection to your computer or other devices and track down the saved data: these cookies connect to the browser installed on your computer or other devices used during the navigation on our site.

UnderG uses the following third-party cookies: Google AD Words, DoubleClick, Adroll, Polyvore, Commission Junction, Facebook

 

In particular, UnderG uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer to allow the website to analyze how users use the site. The information generated by the cookie about your use of the website (including your anonymous IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of examining your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse to use cookies by selecting the appropriate settings on your browser, but please note that if you do this you may not be able to use all the features of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

How to disable cookies

Most browsers are configured to accept cookies. However, most browsers allow you to control and even disable cookies through browser settings. We remind you, however, that disabling cookies or navigation functional ones can cause the site to malfunction and / or limit the service we offer.