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AGL

Legal Notice

  1. Privacy notice
  2. Intellectual property rights
  3. Conditions of sale
  4. Purchase and payment
  5. Shipping
  6. Right to cancellation
  7. General sale conditions for AGL distributors
  8. Guidelines for the use of the brand and on-line sales by AGL distributors 

Privacy notice

Welcome to the web site of Attilio Giusti Leombruni (the “Site”). The Site is the property of Attilio Giusti Leombruni S.p.A. (also referred to as “AGL”) of Viale Bettino Craxi, 1,
63812 Montegranaro (FM), Italia, tax code and VAT no. 01125410447. The Site is managed and maintained by Filoblu S.r.l. of Via Caltana 116/C, 30030 Santa Maria di Sala (VE), tax code and VAT no. 04274870288 (“Filoblu”). AGL products are offered for sale on the Site directly by Filoblu, in its capacity as seller.

This privacy notice (the “Notice”) is provided to you in accordance with article 13 of Legislative Decree no. 196/2003 (“Privacy Code”) and explain the methods and purposes of processing of your personal data (the “Personal Data”) through the Site.

The Notice is subject to updates and/or changes made from time to time by the data controller processing your Personal Data at its own discretion, also in response to amendments to the applicable laws and/or regulations. Please check the Privacy Notice regularly to make sure that you take note of any changes that may have been made to it. Your use of the Site and/or purchase of AGL products through the Site shall be subject to the Privacy Notice published on the Site and in effect at the time of use and/or purchase. 

A.        AGL PRIVACY POLICY NOTICE

1.         Personal Data Controller

When you access and browse the Site, use the Contact section of the Site and subscribe to the AGL newsletter, your Personal Data will be processed by Attilio Giusti Leombruni S.p.A., of the address given above.

When you purchase AGL products and conduct business transactions through the Site, including Site registration, your Personal Data will be processed by Filoblu, of the address given above, as seller of AGL products through the Site.

The way AGL processes your Personal Data is explained below.

If you wish to find out what Personal Data AGL has about you, please contact AGL as described under point.

The Site may contain links to third-party web sites which are not controlled or monitored by AGL. Note that access to and use of third-party web sites may be subject to your acceptance of additional Personal Data notices prepared by third parties, which we recommend you read carefully before using third-party web sites.

2.         Types of Personal Data processed

Browsing data

Please note that the information systems and software involved in Site operation acquire some Personal Data in the course of normal operation, the transmission of which is implicit in use of Internet communication protocols.
This Personal Data is not collected in order to be associated with identified data subjects, but by nature it may permit your identification through processing and association with data in the possession of third parties. This category of Personal Data includes IP addresses or dominion names of computers you use to access the Site, addresses of requested resources in URL form, the time of the request, the method used to submit the request to the server, the size of the file obtained in response, the numerical code identifying the status of the server’s response (successful, error, etc.) and other parameters on your operating system and information technology environment.

This Personal Data will be used solely to obtain anonymous statistical information on Site use (such as number of accesses) and to check the correct functioning of the Site, and will be deleted after use, within the time period required by law. 

Data provided voluntarily

We inform you that it is possible to access and browse the Site without being asked to volunteer any Personal Data.

As for Personal Data which you may provide voluntarily while using the Site, note that the Personal Data you provide when you subscribe to the AGL newsletter or use the Contact section of the Site may include your name, surname, gender, e-mail address, and information about you from messages you send AGL.

Sensitive data

AGL asks you not to send Personal Data or information which could be classified as sensitive data under the Privacy Code (that is, Personal Data providing information about your health, sexual orientation, or political and religious beliefs). AGL will not take into account any sensitive information that may be contained in the messages you send AGL through the contact section in the Site or by contacting AGL in any other way, unless you give written consent to use of this sensitive information by sending a statement of consent by fax to the AGL numbers given in point 6 below. 

3.         Cookie policy

The Site uses session cookies and permanent cookies.

Session cookies are temporary and are not stored permanently in memory, but are automatically deleted whenever you leave the Site.

Permanent cookies, on the other hand, stay on the user’s hard disk until they are deleted. Cookies are used to permit complete use of the Site and/or to track browsing of different pages and sections of the Site.

In no case will cookies be used to obtain Personal Data or to obtain information on browsing of other sites by the user.

Information collected using cookies will be used strictly for statistical purposes. Tools are used involving use of cookies, such as Google AdWords or Google Analytics.

The user is free to disable use of cookies at any time by selecting the appropriate browser setting in his or her browser, though this decision may prevent use of a number of Site functions or disable interaction with the Site.

What is a cookie and what is it used for? 

A cookie is a small piece of data that is used to store information on your computer's browser or program data subfolders when you visit a website. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the website. 

What cookies does agl.com use and for what purpose?

Our website uses various different types of cookies and similar technologies, each of which has a different function:

 Technical or browsing cookies

These cookies enable the website to function properly and allow you to view it in your language and for your market from your first access. They will recognise your country so that on any subsequent visits, you are directed straight to the relevant country website. They also allow you to create an account, log in and manage your orders. If you are a registered user, these cookies mean you will be recognised as such when you access the services offered to our registered users. These cookies are necessary for the website to function.

Functional cookies

These cookies enable the website to recognise you every time you access the website, so that you don't have to type in your login details each time.

If you have added items to your Shopping Bag and closed the session without completing your purchase, but have not removed the items from your Shopping Bag, these cookies enable you to carry on shopping with the same Shopping Bag the next time you visit the website within a reasonable period of time.

These cookies are not essential for the website to function, but they improve the website and the browsing experience.

Analytical cookies

These cookies are used for example by Google Analytics in order to carry out statistical analyses of how users use our website through their computers or via our mobile applications, such as how many pages a user has visited or the number of mouse clicks made on a page while using the website. In such events, AGL processes the results of these analyses in an anonymous way and for statistics purposes only, provided that the service supplier uses the cookies in connection with the browser installed on your computer or other device used to browse our website.

Third-party cookie of marketing/retargeting

These are cookies used by third-party companies that we trust to show you ad banners on other websites affiliated to us featuring the latest agl.com products you have viewed when browsing. While you are browsing our website these cookies are also used to show you banners featuring products that maybe of interest you or similar to products you have previously viewed based on your browsing history. The usage of these cookies does not usually imply the processing of personal data but it may create a connection with your computer or other device by tracking the information stored in it: these cookies are then connected to the browser installed on your computer or other device used during the navigation on our website.

How can I disable cookies?

Most web browsers (Internet Explorer, Firefox, etc.) are configured to automatically accept cookies. However, most web browsers allow some control of most cookies through the browser settings, including the disabling of cookies at any time. We wish to make you aware, however, that disabling technical/browsing cookies or functional cookies may prevent our website from functioning correctly and/or may not allow you to fully and effectively take advantage of the services we offer.

To find out more about cookies, including how to manage and disable third-party or marketing/retargeting cookies, visit www.youronlinechoices.com.

In order to disable analytical cookies and to opt out of being tracked by Google Analytics across all websites, you can download the Google Analytics Opt Out Browser Add-on: tools.google.com/dlpage/gaoptout.

4.         Purposes and methods of Personal Data processing

Purposes of Personal Data processing

Personal Data provided will be collected and processed by AGL exclusively for the following purposes: 

(a)       purposes linked with services requested via the Site: management of Site operation and security and provision of services requested through the Site, such as the Site Contact section or responding to your request to subscribe to the AGL newsletter, and fulfilment of all obligations under the relationship set up with you and under the applicable laws and/or regulations, including administrative, accounting and public security regulations, and protect the rights of AGL or of Site users;

(b)       administrative and accounting purposes linked with services offered through the Site and/or by companies that work with AGL in providing these services;

(c)        having obtained your consent, where required under the Privacy Code, and in all cases freely and optionally, for marketing purposes such as market surveys and/or marketing, including presentation of new AGL products, promotions and/or special offers for products of AGL or third parties in which AGL participates, also through automated systems such as e-mail (direct e-mail marketing), fax, sms or MMS, market and/or consumer surveys and/or censuses, including (i) sending of newsletters and/or communications (such as information on special initiatives, contests, new product launches and/or AGL web sites); (ii) promotions (such as promotions of AGL products and/or third parties’ products);

(d)       with your consent, where required by the Privacy Code, and in all cases freely and optionally, for the purpose of creating your individual or group profile, also by determining your buying habits, market surveys and/or studies aimed at measuring customer satisfaction and sending information and/or advertising material of specific interest to you, and also for the purposes of integration with other personal data available to AGL (such as cross-checking with information on other databases, reports on buying habits, and responses to initiatives and contests), also using automated systems such as e-mail, fax, sms or MMS. 

Providing of Personal Data

Except for browsing data, you are free to decide whether to provide Personal Data through the Site, using the Contact section identified above or subscribing to the newsletter.

Refusal to provide Personal Data may make it impossible to obtain what you request in your message sent to AGL.

With reference to the purposes of data processing identified in letters (a) and (b) above, your sending of a message to AGL through the Contact section of the Site or in order to subscribe to the newsletter implies your awareness of the way Personal Data will be processed for these purposes, and, as data processing is aimed at executing the relationship set up with you and/or for legal, administrative and accounting purposes, your consent is not required for data processing.

With reference to the purposes identified in letters (c) and (d) above, where the Privacy Code requires, you will be asked to give your express consent to use of your Personal Data for these purposes. Refusal to give your consent to use of your Personal Data for these purposes will make it impossible for you to receive commercial information and/or material, as indicated above, and impossible to prepare profiles of your buying habits as described above.

In any case, you may object to the purposes identified in points (c) and (d) above at any time and choose not to receive any further commercial information and/or material, even if specifically of interest to you, or choose not to have profiles of your buying habits prepared.

Methods of Personal Data processing

Personal Data will be processed primarily using electronic and/or automated tools, by the methods and with the tools best suited to guaranteeing the security and confidentiality of the data, in accordance with the provisions of Legislative Decree 196/2003. Specifically, all technical, information technology, organisational, logistical and procedural security measures will be applied as required by Legislative Decree 196/2003 in order to guarantee the minimum level of data protection required by law. The information acquired and the methods used to process it will be pertinent and not excessive in relation to the type of service provided. Your Personal Data will be processed and protected in environments with restricted access under constant control.

Your Personal Data will be processed in AGL’s registered offices, or, if necessary, in the offices of the persons identified in article 5 below.

5.         Disclosure and publication of Personal Data

Your Personal Data may be disclosed:

(a)       to all persons (including legal, administrative and fiscal consultants, public authorities, etc.) who are allowed access to personal data under regulatory and/or administrative provisions or when disclosure is necessary to comply with contractual obligations to you or under the applicable laws or regulations;

(b)       to companies and/or people and/or consultants and/or professionals and/or suppliers, including Internet providers who work with AGL in pursuing the purposes of Personal Data processing, including Filoblu and parties entrusted with Site operation and maintenance or parties providing AGL with the services offered on the site; parties appointed to send advertising materials and information;

(c)        companies associated with, owning or owned by AGL, transferees and/or licensees of AGL or its companies or company branches;

The persons identified will act as autonomous data controllers, data processors or persons in charge of the processing of Personal Data, depending on the circumstances. A list of Personal Data processors is available in AGL’s offices for consultation on request.

Your Personal Data will not be published, except in anonymous and aggregate form for statistical or research purposes.

6.         The Data Subject’s rights

Under section 7 of the Privacy Code, your rights include being entitled to:

(a)       obtain confirmation as to whether or not personal data concerning you exist, and communication of such data in intelligible form;

(b)       obtain information from AGL on the source of Personal Data, the purposes and methods of data processing, and the logic applied in the case of data processing with the help of electronic means; information on persons or categories of persons to whom Personal Data may be disclosed or who may become aware of it in their capacity as data processors or persons in charge of data processing;

(c)        obtain updating, rectification or integration of Personal Data; erasure, anonymisation or blocking of Personal Data processed in violation of the law, including data the retention of which is necessary for the purposes for which Personal Data has been collected or subsequently processed;

(d)       object, in whole or in part, on legitimate grounds, to the processing of Personal Data under article 4, letters (c) and (d) above.

You may exercise these rights by contacting AGL at the address given above or by e-mail at the following address: customercare@agl.com, by telephone at: (+39) 041 8380044            

7.         Applicable law

This Notice is subject to Italian law.

8.         Versions of the Notice

AGL’s Privacy Notice is published on the Sit in Italian and English versions. In the event of a discrepancy between the two versions, you agree that the Italian version of the AGL Privacy Notice will prevail.

B.       FILOBLU PRIVACY POLICY NOTICE

1.         Personal Data Controller

When you purchase AGL products and conduct business transactions through the Site, including Site registration, your Personal Data will be processed by Filoblu, seller of AGL products through the Site, of Via Caltana 116/C, 30030 Santa Maria di Sala (VE), tax code and VAT no. 04274870288.

The way Filoblu processes your Personal Data is explained below.

If you wish to find out what Personal Data Filoblu has about you, please contact Filoblu as described under point 6.

The Site may contain links to third-party web sites which are not controlled or monitored by Filoblu. Note that access to and use of third-party web sites may be subject to your acceptance of additional Personal Data notices prepared by third parties, which we recommend you read carefully before using third-party web sites.

2.         Types of Personal Data processed

Browsing data

Please note that the information systems and software involved in Site operation acquire some Personal Data in the course of normal operation, the transmission of which is implicit in use of Internet communication protocols.
This Personal Data is not collected in order to be associated with identified data subjects, but by nature it may permit your identification through processing and association with data in the possession of third parties. This category of Personal Data includes IP addresses or dominion names of computers you use to access the Site, addresses of requested resources in URL form, the time of the request, the method used to submit the request to the server, the size of the file obtained in response, the numerical code identifying the status of the server’s response (successful, error, etc.) and other parameters on your operating system and information technology environment.

This Personal Data will be used to obtain anonymous statistical information on Site use (such as number of accesses) and to check the correct functioning of the Site, and will be deleted after use, within the time period required by law.

If you order AGL products through the Site, the same Personal Data may be used to ascertain responsibility in the event of hypothetical computer crimes against the Site and/or third parties, on the initiative of authorities conducting inquiries under the law.

Data provided voluntarily

Personal Data you may provide voluntarily for Site registration and/or in order to purchase or return AGL products using the order form and/or return form available on the Site may include your name, surname, date of birth, gender, postal address, e-mail address, telephone number, credit card information, and other information on you appearing in messages you send Filoblu.

If you purchase AGL products to be delivered to a recipient other than yourself or if you intend to notify third parties of AGL products available through the Site, the Personal Data you provide may concern persons other than yourself. Please ensure that the third party on whom you provide Personal Data agrees to your disclosure of this data to Filoblu, notifying the third party of this Notice. You will be solely liable for providing Filoblu with this Personal Data on third parties without their consent or in violation of their rights. Filoblu will in any case take care to ensure that such third parties may exercise their rights under the Privacy Code, asking such third parties for consent to process their Personal Data where necessary.

Sensitive data

Filoblu asks you not to submit Personal Data or information which could be classified as sensitive data under the Privacy Code (that is, Personal Data providing information about your health, sexual orientation, or political and religious beliefs). Filoblu will not take into account any sensitive information that may be contained in the messages you send Filoblu through the Site or by contacting Filoblu in any other way, unless you give written consent to use of this sensitive information by sending a statement of consent by fax to the Filoblu numbers given in point 6 below.

3.         Cookies

The Site uses session cookies and permanent cookies.

Session cookies are temporary and are not stored permanently in memory, but are automatically deleted whenever you leave the Site.

Permanent cookies, on the other hand, stay on the user’s hard disk until they are deleted. Cookies are used to permit complete use of the Site and/or to track browsing of different pages and sections of the Site.

In no case will cookies be used to obtain Personal Data or to obtain information on browsing of other sites by the user.

Information collected using cookies will be used strictly for statistical purposes. Tools are used involving use of cookies, such as Google AdWords or Google Analytics.

The user is free to disable use of cookies at any time by selecting the appropriate browser setting in his or her browser, though this decision may prevent use of a number of Site functions or disable interaction with the Site.

4.         Purposes and methods of Personal Data processing

Purposes of Personal Data processing

Personal Data provided will be collected and processed by Filoblu exclusively for the following purposes: 

(a)       purposes linked with services requested via the Site: management of Site operation and security and provision of services requested through the Site, such as management of Site registration, management and execution of business transactions pertaining to the purchase of AGL products through the Site (such as receiving the order, checking the order and payment of the price and associated costs, shipping, delivery, return, etc.), and fulfilment of all obligations under the relationship set up with you and under the applicable laws and/or regulations, including administrative, accounting and public security regulations, and protect the rights of AGL or of Site users;

(b)       administrative and accounting purposes linked with services offered through the Site and/or by companies that work with Filoblu in providing these services;

(c)        having obtained your consent, where required under the Privacy Code, and in all cases freely and optionally, for marketing purposes such as market surveys and/or marketing, including presentation of new AGL products, promotions and/or special offers for products of AGL or third parties in which AGL owns shares, also through automated systems such as e-mail (direct e-mail marketing), fax, sms or MMS, market and/or consumer surveys and/or censuses, including (i) sending of newsletters and/or communications (such as information on special initiatives, contests, new product launches and/or AGL web sites); (ii) promotions (such as promotions of AGL products and/or third parties’ products);

(d)       with your consent, where required by the Privacy Code, and in all cases freely and optionally, for the purpose of creating your individual or group profile, also by determining your buying habits, market surveys and/or studies aimed at measuring customer satisfaction and sending information and/or advertising material of specific interest to you, and also for the purposes of integration with other personal data available to AGL (such as cross-checking with information on other databases, reports on buying habits, and responses to initiatives and contests), also using automated systems such as e-mail, fax, sms or MMS.

Providing of Personal Data

With the exception of browsing data, you are free to decide whether to provide Personal Data through the Site, by registering and/or purchasing AGL products through the Site or by contacting Filoblu in some other way.

You do not need to register to purchase Products on the Site. If you are not a registered user, you will receive confirmation of your Order at the e-mail address given when placing the Order. If you register, you will receive an e-mail confirming your registration on the site at the e-mail address given, along with a password which you may then change using the link included in the e-mail message confirming your registration.

Refusal to provide certain obligatory Personal Data at the time of Site registration and/or purchase of AGL products may make it impossible for you to register for the Site and/or to purchase Products through the Site and/or to obtain the service requested in your message to Filoblu. 
Specifically, refusal to provide Personal Data at these times may make it impossible for Filoblu to register you on the Site and/or complete your purchase of Products through the Site.

Depending on the circumstances, if necessary, Filoblu will inform you whether it is obligatory or optional to provide the Personal Data requested for Site registration and/or product purchases through the Site, marking obligatory data with appropriate symbols or characters (such as an asterisk *).

Note that refusal to provide optional Personal Data will not result in any commitment or disadvantage for you.

With reference to the purposes of data processing identified in letters (a) and (b) above, filling in and sending a Site registration form and/or sending a form for ordering AGL products and/or a message to Filoblu implies that you aware that your Personal Data will be processed for these purposes, and as the processing is directed at execution of a relationship established with you and/or for legal, administrative and accounting purposes, your consent is not required for data processing.

With reference to the purposes identified in letters (c) and (d) above, where the Privacy Code requires, you will be asked to give your express consent to use of your Personal Data for these purposes. Refusal to give your consent to use of your Personal Data for these purposes will make it impossible for you to receive commercial information and/or material, as indicated above, and impossible to prepare profiles of your buying habits as described above.

Note that Filoblu may use your Personal Data to send you information on promotions of AGL products similar to those you have already purchased, unless you object to this.

In any case, you may object to the purposes identified in points (c) and (d) above at any time and choose not to receive any further commercial information and/or material, even if specifically of interest to you, or choose not to have profiles of your buying habits prepared.

Methods of Personal Data processing

Personal Data will be processed primarily using electronic and/or automated tools, but also in printed form, for instance when necessary to prevent fraud on the Site. This processing will take place according to methods and using tools suitable to guarantee the security and confidentiality of the data, in accordance with the provisions of Legislative Decree 196/2003. Specifically, all technical, information technology, organisational, logistical and procedural security measures will be applied as required by Legislative Decree 196/2003 in order to guarantee the minimum level of data protection required by law. The information acquired and the methods used to process it will be pertinent and not excessive in relation to the type of service provided. Your Personal Data will be processed and protected in environments with restricted access under constant control.

Your Personal Data will be processed in Filoblu’s registered offices, or, if necessary, in the offices of the persons identified in article 5 below.

5.         Disclosure and publication of Personal Data

Your Personal Data may be disclosed:

(a)       to all persons (including legal, administrative and fiscal consultants, public authorities, etc.) who are allowed access to personal data under regulatory and/or administrative provisions or when disclosure is necessary to comply with contractual obligations to you or under the applicable laws or regulations;

(b)       to companies and/or people and/or consultants and/or professionals and/or suppliers, including Internet providers who work with Filoblu in pursuing the purposes of Personal Data processing, including AGL and parties entrusted with Site operation and maintenance, verification and execution of business transactions for the purchase of products through the Site which work with Filoblu to provide the services offered on the site (such as warehouse operators, shipping agents, banks, etc.); and parties appointed to send advertising materials and information. 

The persons identified will act as autonomous data controllers, data processors or persons in charge of the processing of Personal Data, depending on the circumstances. The following parties are currently responsible for processing Personal Data, appointed by Filoblu:

-           Snatt Logistica S.p.A. for the processing of Personal Data necessary to perform warehousing, shipping, delivery and return of products purchased through the Site;

-           Glam S.r.l. for the processing of Personal Data necessary to prevent fraud;

A list of Personal Data processors is available in AGL’s offices for consultation on request.

Your Personal Data will not be published, except in anonymous and aggregate form for statistical or research purposes.

6.         The Data Subject’s rights

Under section 7 of the Privacy Code, your rights include being entitled to:

(a)       obtain confirmation as to whether or not personal data concerning you exist, and communication of such data in intelligible form;

(b)       obtain information from Filoblu on the source of Personal Data, the purposes and methods of data processing, and the logic applied in the case of data processing with the help of electronic means; information on persons or categories of persons to whom Personal Data may be disclosed or who may become aware of it in their capacity as data processors or persons in charge of data processing;

(c)        obtain updating, rectification or integration of Personal Data; erasure, anonymisation or blocking of Personal Data processed in violation of the law, including data the retention of which is unnecessary for the purposes for which Personal Data has been collected or subsequently processed;

(d)       object, in whole or in part, on legitimate grounds, to the processing of Personal Data under article 4, letters (c) and (d) above.

You may exercise these rights by contacting Filoblu by post at the address specified above or by e-mail at customercare@agl.com, by telephone at (+39) 041/8380050.            

7.         Applicable law

You hereby declare and acknowledge that this Privacy Notice is regulated by Italian law.

8.         Versions of the Notice

Filoblu’s Privacy Notice is published on the Site in Italian and English versions. In the event of a discrepancy between the two versions, you agree that the Italian version of the Filoblu Privacy Notice will prevail.

Copyright, trademarks and other intellectual property rights

This overall Site and all the material the Site contains is protected by copyright and by other intellectual property rights. Therefore, you may view, print and copy the contents of this Site (including, merely by way of example, texts, images, animations, videos, logos and drawings) solely for personal purposes of a non-commercial nature. Using, changing, printing, displaying, reproducing, distributing or publishing the information contained in this Site is not permitted without the written consent of Tod's, subject to the provisions established herein. This Site may contain material protected by third party intellectual property rights. The permitted uses in such cases are to be verified with the holders or licensees of the respective rights, as identified in the Site from time to time.

Conditions of sale

1.         Introduction

Welcome to the web site (the “Site”) of Attilio Giusti Leombruni (“AGL”).

AGL product (the “Products”) are offered for sale through the Site directly by Filoblu S.r.l. of Via Caltana 116/C, 30030 Santa Maria di Sala (VE), tax code and VAT no. 04274870288 (“Filoblu”).

Please read these terms and conditions for sale of Products via the Site (the “Conditions of Sale”) and the conditions for use of the Site (the “Conditions of Use”) carefully, along with the privacy notice on use of your personal data (the “Notice”), before proceeding to purchase Products on the Site. The Conditions of Sale are made available to you on the Site so that you can become aware of them, memorise them and reproduce them.

Products are sold via the Site for purchase, in accordance with the Conditions of Sale, exclusively by final users using the Site for personal use only, not for commercial, professional or business purposes (the “Consumer”) who are aged eighteen or over.

If you are not a Consumer or you do not accept the Conditions of Sale, please do not use the Site to purchase Products. If you are not eighteen or over, please do not purchase Products on the Site without the authorisation of a parent or guardian.

The Conditions of Sale regulate the offer and sale of Products through the Site by Filoblu and do not regulate the potential offer and/or sale of products and/or services other than the Products by third parties which may be accessible via the Site through links or other connections such as banners. If you decide to purchase products and/or services from such third parties, note that such purchases may be subject to your acceptance of terms and conditions of sale in addition to and/or different from these Conditions of Sale, and we recommend that you read them carefully before making a purchase.

Filoblu reserves the right not to accept and/or follow up on Orders (defined as stated below) received from people other than Consumers and/or from underage persons without the authorisation of a parent or guardian, and Orders which do not conform to the Conditions of Sale.

Filoblu is entitled to amend and/or update the Conditions of Sale from time to time, entirely at its own discretion, also in response to amendments to the applicable laws and/or regulations. Please check the Conditions of Sale regularly to make sure that you take note of any changes that may have been made to them. Your purchase of Products through the Site shall be subject to the Conditions of Sale published on the Site and in effect at the time of your purchase of Products.

You may request information by contacting our Customer Care Service by e-mail at customercare@agl.com or by telephone at +39 041 8380044, Monday through Friday between 9:00 AM and 1:00 PM and between 2:30 PM and 6:00 PM (CET – Rome time – GMT+1).

In the Customer Care area on this Site you will find additional information regarding frequently asked questions (FAQ), Product purchase and payment, shipment and your right to cancel purchases.

2.         Ordering and purchasing Products

The Site exclusively sells Products Filoblu purchases directly from AGL. These Products are new and original and bear the AGL brand. Their principal features are presented in product information sheets which may be viewed on the Site. Please note, however, that the images and/or graphic representations of Products that may be viewed on the Site and/or in these product information sheets may not correspond exactly to the real products, as a result of your computer settings, such as your browser or monitor, for which Filoblu cannot be held responsible.

You acknowledge that the Products offered for sale on the Site are subject to availability at the time and that product categories, models and styles are subject to variation and updating without notice. Please check Product availability before proceeding to place an order on the Site.

You do not need to register to purchase Products on the Site. If you are not a registered user, you will receive confirmation of your Order at the e-mail address given when placing the Order. Site registration is free of charge, quick, and does not involve an obligation to purchase. When you register, you will receive an e-mail confirming your registration on the site at the e-mail address given, along with a password which you may then change using the link included in the e-mail message confirming your registration.

To conclude a contract for purchase of one or more Products through the Site, you will be asked to fill in a digital Product order form (the “Order”) on the checkout page and send it to Filoblu in digital form, following the instructions and procedures present on the Site. In particular, but without limiting the general applicability of the above, you must add the Product you wish to purchase to your “cart” and, after viewing and accepting the Conditions of Sale, specifically including shipping and delivery costs and the conditions of your right to cancellation, and after viewing the Privacy Notice, select the desired payment method and then select “Buy”.

The Order may be placed in Italian, English, Russian or German.

If you choose to register for the Site or fill and in submit and Order, you will be responsible for your own compliance with the applicable laws and regulations. You specifically agree to provide accurate and truthful data and/or information and will be responsible for your own use of data and/or information which is false, incorrect and/or concerns third parties without their consent.

Before submitting your Order to Filoblu, you will be asked to reread it and check its contents, which you will be able to correct and edit if necessary. Every Order ready for submission to Filoblu contains a reference to the Conditions of Sale, the Conditions of Use, the Privacy Notice and a summary of the principal features of the Products ordered, showing their price and the method of payment, shipping and delivery methods and their costs, and the conditions applicable to exercising your right to cancellation, returning Products and obtaining refunds.

By submitting your order to Filoblu, you confirm that you agree to pay the price of the Products ordered and that you are aware of and accept the Conditions of Sale, the Conditions of Use of the Site and the Privacy Notice, even if it is brought to your attention simply by providing a link which is visible when filling in the Order. If you do not agree with some of the Conditions of Sale, please do not submit an Order to purchase Products through the Site.

Once you have successfully submitted your Order to Filoblu, Filoblu will accept it and send you Order Confirmation containing the information already contained in the Order submitted to the e-mail address which you specified in the Order or when registering for the Site.

The contract between you and Filoblu for the purchase of Products is concluded when Filoblu sends Order confirmation to your e-mail address.

However, you acknowledge that Filoblu may not dispatch an Order you submit if the information provided is incomplete or incorrect, if the Products you ordered are unavailable, or if payment is not successfully received. In this case Filoblu will notify you that it has not succeeded in dispatching your order via e-mail, within 30 (thirty) days of submission of the Order, specifying the reasons for this and stating that the contract for purchase of the Products could not be concluded. If the Products you ordered and paid for are not available, Filoblu will also refund you the payment made within the deadline specified.

The Order sent to Filoblu will be filed by Filoblu for the amount of time necessary to manage it, and no longer than the amount of time specified by law.

You may access records of your Order through the Site and through your account.

 

3.         Product prices and payments

Product prices are stated in Euro (€) and Dollars ($) and include VAT. This price, in your selected currency, must be increased by delivery costs, which are shown separately in the Order. The final price of the Products, as it appears in the Order ready for submission to Filoblu, therefore includes the price of the Products indicated and the cost of shipping and delivery, but not any customs duties and/or additional fees applicable to the sale (necessary for importing Products in certain non-European countries). These customs duties and additional fees will vary depending on the destination country and will be borne exclusively by you and/or by the recipient of the Products. Please contact the competent customs offices of the destination country for information in this regard before proceeding to purchase Products through the Site.

You acknowledge that the price of Products is subject to changes and updates without prior notification. We ask you to check the final price of Products before submitting your Order to Filoblu.

You may pay the price of the Products in one of the following ways, to be indicated in the Order:

- by credit card in the Visa, MasterCard, Maestro, American Express and CartaSì circuits;

- by Paypal;

- COD (payment in cash on delivery) in Italy only, for orders worth Euro 300.00 or more;

- by bank transfer within Europe, with an extra fee of €8 per order.

Payment of the final price of the Products must be made when submitting the Order to Filoblu, but the amount paid will be charged:

- if you choose to pay by credit card, after we have checked your credit card information, received authorisation to charge the price to the card and confirmed the availability of the Products, when Filoblu ships the Products

- if you choose to pay with Paypal, as soon as you submit the order.

If you pay by credit card, the financial information on your payment, including the credit number and expiration date, will be protected by encrypted protocol (SSL) and sent to the bank or credit institution providing you with remote electronic payment services without permitting unauthorised access. Filoblu will use the information exclusively to complete your Product purchase procedures, to make refunds if you exercise your right to cancellation and return the Products, or if it should become necessary to prevent or notify the competent authorities of fraud committed through the Site.

You acknowledge that if, for any reason, the price of the Products should not be charged to your card within 5 (five) days of the date on which you submit the Order, the Order will be cancelled and Filoblu will be entitled not to fulfil it.

Filoblu issues an invoice for Products shipped against each Order placed on the Site. Invoices will be issued on the basis of the information you provide when submitting your Order.

4.         Product shipping and delivery

Products are shipped and delivered to the recipient you identify in the Order, provided the recipient’s address is in one of the destination countries identified on the Site.

If the destination country does not appear in the list on the Site and Products cannot be delivered to the country, please contact our Customer Care Service by e-mail at customercare@agl.com. A staff member will check whether we can ship and deliver Products to the country you specify.

Standard delivery times for Products are about 24-48 hours within Italy, about 48-72 hours elsewhere in Europe, and 3 or more days outside of Europe, starting 24 hours after Filoblu confirms the order.

Shipping and delivery times indicated here refer to working days, and represent standard times. You acknowledge that delays in shipping and delivery of Products may be caused by temporary unavailability of Products, temporary impossibility of obtaining payment of the price of the Products ordered, malfunctions in express courier service, force majeure or holidays.

Shipping costs vary depending on the destination country and the weight and volume of the Products to be shipped, and are indicated  in the final price of the Products shown in the Order ready for submission to Filoblu.

Products are shipped and delivered by express courier Monday through Friday. You cannot request delivery on a specific day or at a specific time. If the recipient is absent at the time of delivery, the courier will leave a notice. The courier will attempt to deliver the order twice, and if the second attempt is unsuccessful, the courier will attempt to contact the recipient. FiloBlu cannot be held liable for problems with the courier delivery service. If the order is delivered to a concierge or receptionist, who signs for acceptance, FiloBlu cannot be held liable for delivery to the final recipient.

You acknowledge that if you or the recipient refuse the goods or they cannot be delivered for other reasons attributable to you or to the recipient (such as incorrect address and/or telephone number; repeated absence of the recipient, etc.) Filoblu may retain the goods and charge you the cost of shipping the Products, the cost of returning them and any customs duties or additional fees applicable to the sale. You will be refunded the price of the Products only.

You acknowledge that in the event that one or more of the Products should be unavailable, even temporarily, FiloBlu may proceed with partial shipment and delivery of the Products which are available, and you will not be able to reject them or request compensation as a result of partial delivery. In this case, you will be charged the price of the Products which are actually delivered.

If you and/or the recipient of the Products do not receive the Products within 5 (five) working days (excluding Saturday and Sunday) after receiving Order confirmation in Italy, or after more than 8 (eight) working days in Europe, or receive Products which differ from those identified in the Order confirmation, please contact our Customer Care Service by e-mail at customercare@agl.com.

A Product tracking service is available on the Site. You will receive confirmation that the Products you ordered have been shipped by e-mail at the address specified in the Order. The confirmation will contain a shipment number or tracking code which you may use to check on the status of your Order or Product shipment.

Filoblu shall not be held liable for delays which are unforeseeable and/or solely attributable to the express courier. In any case, apart from cases of force majeure or chance events, Products purchased will be delivered within a maximum of 30 (thirty) days of the day after Filoblu confirms the order, unless Filoblu states before this deadline, possibly by e-mail, that it is unable to deliver the Products ordered due to unavailability, even if temporary. If such notification is received, Filoblu will refund you any amounts you may already have paid.

5.         Product conformity

If a Product sold by Filoblu through the Site has a flaw in production or any non-conformity, please contact our Customer Care Service by e-mail at customercare@agl.com.

Product sales are subject to the legal guarantees required under the legislation regulating the Conditions of Sale. You are entitled to obtain restoration of Product conformity by repair or replacement at no additional cost, and if such remedies should be unsuccessful, you shall be entitled to cancel the contract. You forfeit this right if you do not report the non-conformity in the Products purchased to Filoblu within two months of discovering the flaw. Claims regarding flaws which have not been fraudulently concealed by Filoblu must in all cases be put forward within twenty-six months of Product delivery.

6.         Right to cancellation

You are entitled to cancel your order for the Products placed with Filoblu, without payment of any penalty and without specifying the reason, within 14 (fourteen) working days starting on the date of delivery of the Products to you and/or to the recipient. You may not, however, request replacement of the Products delivered with other Products.

To exercise your right to cancellation correctly:

- submit a return form and return the products to Filoblu by the specified deadline, asking the courier to ship them to Filoblu at the following address: Filoblu c/o Snatt Logistica S.p.A., Via Galileo Galilei 21, 420140 Castelnovo Sotto (RE);

- return the Products in perfect condition, with no damage, in their original packaging, with their original identification tags and/or labels still in place.

Return Products by courier, noting the shipment number in order to track the shipment, and make sure the Products are packaged properly in order to protect them and their original packaging, labels and/or tags from damage.

Filoblu reserves the right to check and reject returns of Products which do not meet these requirements. Defective or damaged Products will be subject to the provisions of point 5 regarding Product non-conformity.

Filoblu shall not be liable for refunds for Products shipped by you which are not received by Filoblu due to loss, theft or damage not attributable to Filoblu. You ship Products for return at your own risk.

7.         Refunds

If you exercise your right to cancellation correctly, Filoblu will send you an e-mail to the address specified in the Order confirming that the return has been accepted and refund the price of Products returned within 14 (fourteen) days of the date on which Filoblu became aware of your intention to exercise your right to cancellation, you by the same method as you used to pay for the Products. If you paid COD, you will be refunded by bank transfer.

The price of the Products to be refunded to you does not include the cost of returning the Products, which you will pay.

If you do not exercise your right to cancellation correctly, you will not be entitled to obtain a refund for the price of Products returned. You may, however, request and obtain return of the Products which you purchased and returned to Filoblu, in the condition in which you returned them to Filoblu.

If Products are shipped to recipient other than the person who purchased and paid for them, Filoblu will refund the price of Products returned to the person who paid for the Products.

8.         Conditions of Use and Privacy Notice

Remember that the Conditions of Use and the Privacy Notice are also available in the Customer Care area on the Site.

9.         Applicable law and jurisdiction

You hereby declare and acknowledge that the Conditions of Sale are subject to Italian law. You declare and acknowledge that any disputes regarding the Conditions of Sale shall fall under the exclusive jurisdiction of the court of your place of residence or domicile, if you are a Consumer residing or domiciled in Italy, or, if not, of the court of Venice, Italy.

10.       Language of the Conditions of Sale

The Conditions of Sale are published on the Site in English and Italian. In the event of discrepancies between the Italian version and any of the other versions, you agree that the Italian version of the Conditions of Sale will prevail.

 

Purchase and payment

Follow the online procedure carefully to purchase products.

How can I make a purchase?

It’s easy to make a purchase on this site:

1. Click on the desired product to go to the corresponding product information sheet and view all the information on the product. Select the quantity and size, then click on “Add to cart”.

2. To make a purchase right away, click on “Buy”. To change the contents of your cart, select quantity and update the cart. To delete a product, click on “Remove”. View products in cart, and click on “Proceed to checkout” to complete your order.

3. Enter the required shipping information and select your preferred method of payment:

credit card, PayPal, COD, bank transfer.

4.         Finally, read the summary of your purchases and click on “Proceed to checkout”.

When you complete your purchase, you will receive order confirmation at the e-mail address you provided.

The amount of the purchase will be charged to you in the currency you specified when placing your order.

Orders may be placed by consumers aged eighteen and over.

Payment method

You may pay for your order:

1. with a credit card in the Visa, MasterCard, Maestro, American Express and CartaSì circuits;

2. by PayPal;

3. COD (payment in cash on delivery) in Italy only, for orders worth Euro 300.00 or more;

4. by bank transfer within Europe, with an extra fee of €8 per order.

Your order will be shipped as soon as we receive authorisation to charge the payment and availability of the products is confirmed. If we do not receive payment within 5 days of receiving your order, the order will be cancelled.

Payment security

The payment transaction takes place on a secure page using SSL (Secure Socket Layer) encrypted protocols guarantee maximum security in online transactions. Financial information on your payment is protected against unauthorised access.

Please carefully consult the Conditions of Sale for products.

Shipping

Products are shipped by UPS courier.

The courier offers a product tracking service.

The courier delivers Monday through Friday mornings and afternoons. The recipient cannot request delivery on a specific date or at a specific time. If the recipient is absent, the courier will leave a notice. The courier will attempt to deliver the order twice, and if the second attempt is unsuccessful, the courier will attempt to contact the recipient. We cannot be held liable for problems with the courier delivery service.

If the order is delivered to a concierge or receptionist (who signs for acceptance), we cannot be held liable for delivery to the final recipient. If your home country is not listed, please contact our Customer Care Office by e-mail at customercare@agl.com

Shipping costs

Shipping costs depend on the destination country and the weight/volume of the products to be shipped. You may view the cost of shipping online at the end of the order procedure, before you submit your order.

Shipping times

International

Standard shipping times within Europe are about 48-72 hours, starting 24 hours after the date of order confirmation. Standard shipping times within Europe are about 3-72 hours, starting 24 hours after the date of order confirmation. This refers to working days only. Delays in delivery may be caused by temporary unavailability of products, problems with express courier service, force majeure or holidays. Late shipment may also be caused by temporary problems preventing us from receiving payment for the goods ordered. If you or the recipient of the products have still not received the goods 8 working days (excluding Saturdays and Sundays) after the date of order confirmation, please contact our Customer Care Service by e-mail at customercare@agl.com

Italy

Standard shipping times within Italy are about 24-48 hours, starting 24 hours after the date of order confirmation. Delays in delivery may be caused by temporary unavailability of products, problems with express courier service, force majeure or holidays. Late shipment may also be caused by temporary problems preventing us from receiving payment for the goods ordered. If you or the recipient of the products have still not received the goods 5 working days (excluding Saturdays and Sundays) after the date of order confirmation, please contact our Customer Care Service by e-mail at customercare@agl.com 

Customs duties and additional fees

Product prices shown in the order do not include possible customs duties and/or additional fees on sale necessary to import products to certain countries outside of Europe. These addition fees and duties will be paid for exclusively by the person ordering and/or receiving the products.

If you or the recipient refuse the goods or they cannot be delivered for other reasons attributable to you or to the recipient (such as incorrect address and/or telephone number; repeated absence of the recipient, etc.) you will be charged the cost of product shipping + product return shipping + any additional fees and customs duties. You will, however, be refunded the cost of the products after subtraction of these costs.

For information on customs duties and possible additional fees, please contact the customs offices of the country to which the goods will be shipped.

Please carefully consult the Conditions of Sale for products.

 

Right to cancellation

You are entitled to cancel your order for the products, without payment of any penalty and without specifying the reason, within 10 (ten) working days starting on the date of delivery of the products to you and/or to the recipient. You may not, however, request replacement of the products delivered with other products.

To exercise your right to cancellation:

- submit a return form and return the products to us by the specified deadline, asking the courier to ship them to the following address: Filoblu c/o Snatt Logistica S.p.A., Via Galileo Galilei 21, 420140 Castelnovo Sotto (RE); You may find the return form on your account if you have one, or click here http://www.agl.com/uk/awrma/guest_rma/index/ .

- return the products in perfect condition, with no damage, in their original packaging, with their original identification tags and/or labels still in place.

Return products by courier, noting the shipment number in order to track the shipment, and make sure the products are packaged properly in order to protect them and their original packaging, labels and/or tags from damage.

If you have exercised your right to withdrawal correctly, you will be refunded the price of the products returned within 30 (thirty) days of the date on which we become aware that you have exercised your right to cancellation. The price of the products that will be refunded to you will not include the cost of shipping, delivering and returning the products, which you must pay for yourself.

Please carefully consult the Conditions of Sale for products.

General sale conditions for AGL distributors

GENERAL CONDITIONS OF SALE

  1. The person, business owner or company (the “Purchaser”) placing an order with Attilio Giusti Leombruni S.p.A. (the “Supplier”) for the Supplier’s products (the “Products”) acknowledges and confirms that the following general conditions of sale (the “GCS”) shall regulate the order so placed and together with the order form part of the entire agreement entered into between the Purchaser and the Supplier in respect of the sale of the Products (the “Agreement”). These GCS shall prevail over any terms and conditions proposed by the Purchaser in respect of the sale of Products, unless such terms and conditions are accepted by the Supplier in writing. In the event of any discrepancy between these GCS and the terms and conditions of the order confirmed by the Supplier, the latter shall prevail. The Supplier reserves the right to modify these GCS, it being understood and agreed that any so modified GCS shall be notified to the Purchaser and take effect 7 (seven) days after being so notified, unless the Purchaser objects to the modified terms and conditions by sending notice in writing to the Supplier.

    1. Conclusion of the agreement. Any order placed by the Purchaser shall be regarded as an irrevocable proposal to the Supplier for a period of 30 (thirty) days from the date of receipt of the order by the Supplier and the Supplier shall have the right to confirm or refuse the order in its sole discretion. Orders placed by the Purchaser shall not be regarded as confirmed by the Supplier and the Agreement between the Purchaser and the Supplier shall not be concluded unless and until (i) the Purchaser receives a written confirmation of the order by the Supplier; or (ii) the Purchaser receives a written confirmation of the order by the Supplier containing modified terms and conditions, in which event the agreement shall be deemed concluded unless within 7 (seven) days from receipt of said confirmation the Purchaser objects to the modified terms and conditions by sending notice in writing to the Supplier; or (iii) notwithstanding failure by the Supplier to notify the Purchaser a written confirmation or refusal of the order, ordered Products (or any portion thereof) are delivered to the Purchaser pursuant to the delivery terms indicated in the order placed by the Purchaser. In the event the Supplier notifies the Purchaser that an order is refused, no Agreement shall be concluded between the Purchaser and the Supplier and either party shall be released from any claim the other party may have in connection therewith. Once the Agreement between the Supplier and the Purchaser is concluded, any modification to its specific terms and conditions shall not be effective unless approved in writing by the Supplier and the Purchaser (without prejudice to the provisions of article 1 above in respect of modified GCS).

    2. Governing laws and jurisdiction. The parties expressly agree that the Agreement between the Supplier and the Purchaser shall be governed by and construed in accordance with the laws of Italy and that any dispute between the Supplier and the Purchaser arising out of or connected with the Agreement other than a dispute connected to the Brand (as hereinafter defined) and/or the intellectual property of the Supplier shall be submitted to the exclusive jurisdiction and competence of the courts of Munich, Germany. Any dispute between the Supplier and the Purchaser that is connected to the Brand (as hereinafter defined) and/or the intellectual property of the Supplier shall be submitted to the exclusive jurisdiction and competence of the courts of Ancona, Italy. The provisions of this clause 2 shall be without prejudice to the right of the Supplier to apply to the courts of any State for provisional and/or protective measures as available in that State. 

    3. Delivery terms. Unless otherwise agreed, the Products shall be delivered to the Purchaser pursuant to the delivery terms indicated in the final order confirmed by the Supplier. Any delivery date is to be considered as approximate. The Supplier may in its sole discretion and without liability to Purchaser make partial shipments of the Products indicated in an order. The Supplier shall assume no liability and the Purchaser shall not be entitled to any compensation for any damages for any failed or delayed delivery (or more generally performance of Supplier’s obligations) due to a force majeure event, including without limitation by reason of fire, flood, riot, pandemic, strikes, telecommunications disruptions, acts of God, terrorism, war or civil disturbances, failures of machines and tools, lack or delay of raw materials, or any other event hindering or prohibiting performance of the Supplier’s obligations, to the extent that any of the foregoing is beyond the Supplier’s control. In the event of delayed delivery the Purchaser shall have no right to terminate the Agreement entered into with Supplier and shall not be entitled to any compensation for any damages, unless the Purchaser notified the Supplier in writing of the delay in delivery and the Supplier failed to deliver the Products within 20 (twenty) working days from receipt of such notice.

    4. Territory. Unless otherwise agreed in writing with the Supplier, the Purchaser undertakes not to actively sell the Products, whether off-line or on-line, outside the city of delivery address indicated in the order confirmed by the Supplier (the “Territory”) nor to other resellers. Without prejudice to the foregoing, the Purchaser established in the European Union undertakes not to passively sell the Products, whether off-line or on-line, to other resellers established outside the European Union, whilst the Purchaser established outside the European Union undertakes not to passively sell the Products, whether off-line or on-line, outside the Territory nor to other resellers. Without limiting the foregoing, on-line display, promotion and sale of Products via Purchaser’s web or mobile sites and/or third party’s web or mobile sites upon authorization by Purchaser shall be subject to such web and mobile sites being in compliance with Supplier’s guidelines on the Brand (as hereinafter defined), the Products, the Materials (as hereinafter defined) and the minimum quality standards for web and mobile sites via which Products may be displayed, promoted and sold (the “Guidelines”), such compliance to be verified and pre-approved in writing by Supplier. Purchaser acknowledges and confirms to have read the Guidelines, a hard copy of which was handed to Purchaser and/or are accessible on the Site (as hereinafter defined) and which are incorporated in these GCS by this reference.

    5. Risk and retention of title. Risk of loss and/or damages of the Products shall pass to the Purchaser as soon as the Products are delivered to Purchaser  pursuant to the delivery terms indicated in the order. Title, including property rights, in the Products shall remain vested in the Supplier unless and until payment of the agreed price is made in full by the Purchaser at the dates indicated in the order or otherwise agreed in writing with the Supplier. Until such payment in full, the Purchaser shall be regarded as holding the Products in trust for the benefit of the Supplier, with a duty to properly store, protect and insure the Products. In the event that, pursuant to applicable laws in the country where the Purchaser is established, the Supplier’s retention of title in the Products under these CGS is subject to registration or other formalities, the Purchaser shall cooperate with the Supplier and do all necessary acts and execute all necessary or appropriate documents to comply with such formal requirements to effectuate the Supplier’s retention of title in the Products.

    6. Claims and liability. Upon arrival of the Products at the agreed delivery location, the Purchaser shall immediately examine all packages and shipping documents to check that no package is damaged and that the Products delivered are those indicated in the order in terms of quantity and description. Any relevant claim or reserve shall be placed by Purchaser with the shipping agent on the shipping agent’s appropriate shipping/delivery forms. Within 7 (seven) days from delivery of the Products, the Purchaser shall examine the Products to verify their conformity, including in terms of agreed quality and fitness for purpose. Any claim for lack of conformity of the Products shall be notified by registered post with return receipt to the Supplier within 8 (eight) days from the date at which the Purchaser discovered and/or ought to have discovered such lack of conformity, it being understood and agreed that the Supplier shall not accept nor be liable in connection with claims for lack of conformity of the Products that are notified to the Supplier after the expiry of a period of 6 (six) months from the date of delivery of the Products. The notice to the Supplier shall include a document issued by the shipping agent indicating the date of delivery of the Products at the agreed delivery location. The Purchaser shall be responsible for any customer service provided to its customers, including acceptance by the Purchaser of Product returns by such customers. In the event the Purchaser accepts Product returns from its customers, the Purchaser agrees that the Supplier shall not be liable in connection with such Product returns unless Products are returned by reason of manufacturing defects and the customer’s claim is placed with the Purchaser on or before the expiry of a period of 6 (six) months from the date of delivery by the Supplier to the Purchaser of the so returned Products. The Purchaser agrees that, to the maximum extent permitted by applicable laws, its sole remedy against the Supplier for lack of conformity of the Products delivered under these GCS shall be a credit to the Purchaser’s account at the price of the Products listed in the relevant order for non-conforming Products returned to the Supplier in accordance with the provisions of these GCS.

    7. Sales returns. All Product returns shall be subject to the Supplier’s prior approval in writing. If so approved and unless otherwise agreed, Product returns shall be free delivered back to the Supplier at the Purchaser’s risk. The Purchaser acknowledges that the Supplier’s shipping agent is not authorized by the Supplier to collect any Product returns from the Purchaser.

    8. Conditions of payment. Unless otherwise specified in an order, the Supplier’s invoices shall be paid by the Purchaser within 60 (sixty) days from the date of the invoice. Notwithstanding any of the provisions of these CGS, the Supplier shall have the right to suspend or postpone the date of any delivery of any order in the event of the Purchaser’s failure or delay in paying ordered Products at agreed payment dates. The Supplier may require the Purchaser to pay interest at the rate of 1% per month or the highest legally permissible rate, whichever is lower, on all amounts not paid when due and until all such amounts are paid in full. The Purchaser will not offset or take deductions of any kind against any invoice without the Supplier’s prior written consent.

    9. Sales representatives. The Purchaser acknowledges that the Supplier’s sales representatives are entitled to receive orders for Products, which orders shall remain subject to the Supplier’s acceptance pursuant to these CGS.  The Supplier’s sales representatives are not authorized to confirm or modify orders received, nor assess claims or collect money without the prior written authorization of Supplier.

    10. Supplier’s Brand and Intellectual Property. The Purchaser acknowledges and confirms that the Supplier is the sole and exclusive owner of (i) any and all trademarks, trade names, company names, logos, domain names, distinctive signs identifying the Products and/or the Supplier’s business, including without limitation the “AGL” and “Attilio Giusti Leombruni” marks and related logos, all of which are registered for several classes of goods and/or services at Italian, European Union and International level (the “Brand”), as well as (ii) any and all intellectual and/or industrial property rights, including without limitation registered or unregistered design rights, in and to the Products. The Purchaser further acknowledges and confirms that the Supplier is the exclusive owner of, and/or has otherwise acquired on an exclusive basis, (iii) any and all necessary rights of economic exploitation in and to the Supplier’s web and mobile sites and any and all of its content, accessible at url addresses containing the Brand, including without limitation the url address www.attiliogiustileombruni.com and www.agl.com (the “Site”) and/or any of Supplier’s pages on social media and any of Supplier’s content thereof (iv) any and all necessary rights of exploitation in and to any and all promotional and/or marketing materials for the Products (the “Materials”), such Materials including without limitation images or photographs depicting models wearing the Products and still life images or photographs of the Products, in tangible or digital form and whether or not embodied in the Supplier’s look books, catalogues, Site pages on social media or other media and materials. The Purchaser shall refrain from registering and/or using and/or authorizing any third party to register and/or use any intellectual or industrial property title or right in connection with the Brand, the Site, the Supplier’s pages on social media, Materials and the Products, including without limitation any trademark, trade name, company name, domain name, subdomain, distinctive sign that contains or is otherwise identical or similar to the Brand and any Material and/or image of the Products without the prior written approval of the Supplier. Without limiting the generality of the foregoing, the Purchaser agrees that approval by the Supplier shall be sought in respect of, and the Supplier shall have the right to approve, in its sole discretion, the type, time and territorial extension, form, purpose, size, position of any proposed use of the Brand, the Materials and the images of the Products by the Purchaser and/or third parties authorized by the Purchaser and that any such use of the Brand, the Materials and the images of the Products shall in no event alter or adapt or remove the Brand, the Materials or the images of the Products as approved by the Supplier nor prejudice the image and/or reputation of the Brand, the Materials, the Products and the Supplier.

    11. Termination. Without prejudice to any other remedy available at law or otherwise, the Supplier shall have the right to terminate an Agreement in the event of failure by the Purchaser to pay the price of ordered Products at agreed payment dates or breach by the Purchaser of its obligations under article 10 of these GCS.

    12. Miscellanea. If any court of competent jurisdiction holds that any provision of these GCS is invalid or unenforceable, the remaining portions of these GCS will remain in full force and effect, and the parties will replace the invalid or unenforceable provision with a valid and enforceable provision that achieves the original intent of the parties and economic effect of these GCS.

     

    GUIDELINES FOR THE USE OF THE BRAND, MATERIALS AND ON-LINE SALES OF THE PRODUCTS BY PURCHASER

     

    In these guidelines (the “Guidelines”) the following terms shall have the following meaning:

     

    • Brand” means any and all Supplier’s registered or unregistered trademarks, trade names, company names, logos, domain names, distinctive signs, advertising claims identifying the Products and/or the Supplier’s business, including without limitation the “AGL” and “Attilio Giusti Leombruni” marks and related logos, including without limitation such signs that are registered in the name of the Supplier for several classes of goods and/or services at Italian, European Union and International level;
    • IP Rights” means any and all intellectual and/or industrial property rights, including without limitation registered or unregistered trademark rights, patent rights, design rights, copyrights and related rights, rights in trade and business secrets and know-how and any and all rights of like nature in and to the Brand, Materials, Products, Site and Supplier’s pages;
    • Materials” means any and all Supplier’s promotional and/or marketing materials for the Products and/or the Brand, including without limitation look books, catalogues, brochures, leaflets, booklets, invitations, press kits, press releases, posters, other POS materials, images or photographs depicting models wearing the Products and still life images or photographs of the Products, in tangible or digital form and whether or not embodied in any media or materials or the Site and/or Supplier’s pages;
    • Products” means the Supplier’s designed, manufactured and distributed products, identified by the Brand;
    • Purchaser” means the person, business owner or company indicated as purchaser in an order for the Products placed with and confirmed by the Supplier;
    • Purchaser’s Site” means the Purchaser’s web or mobile sites and/or Purchaser’s pages on social media and any and all content thereof;
    • Site” means the Supplier’s web and mobile sites and any and all content thereof, accessible at url addresses containing the Brand, including without limitation the url addresseswww.attiliogiustileombruni.com and www.agl.com;
    • Supplier” means Attilio Giusti Leombruni S.p.A.;
    • Supplier’s pages” means any and all of Supplier’s pages on social media and any and all Supplier’s content thereof;
    • Territory” means the territory indicated in the order placed by Purchaser and confirmed by the Supplier;
    • Third Party’s Site” means a third party’s web or mobile sites any and all of such third party’s pages on social media and any and all content thereof .

     

     

    A.           GENERAL PROHIBITIONS

     

    1.            Purchaser shall refrain from registering and/or authorizing any third party to register the Brand, Materials, Site, Supplier’s pages, Products, IP Rights and/or any part thereof and/or any brand, trademark, trade name, company name, domain name, advertising claim, distinctive sign that contains or embodies and/or is otherwise similar to all or part of the Brand, Materials, Site, Supplier’s pages and Products.

     

    2.            Without prejudice to point B1 below, Purchaser shall refrain from using and/or authorizing any third party to use the Brand, Materials, Site, Supplier’s pages and/or any part thereof:

     

    (a)           as part or element of, or in combination or association with another brand, trademark, trade name, company name, logo, domain name, advertising claim, distinctive sign;

     

    (b)          to identify and/or in connection with products or services other than the Products;

     

    (c)           in a manner that is capable of generating confusion and/or a likelihood of confusion and/or association on the part of the public between the Products and the products and services other than the Products and/or their respective source and/or origin and/or quality;

     

    (d)          in a manner that is capable of misleading the public into believing that there exists an affiliation, endorsement, sponsorship, approval by the Supplier of products and services other than the Products or is otherwise false, misleading, disparaging, denigratory or otherwise detrimental to the Brand, Products, Materials, Site, Supplier’s pages and/or the image and reputation of same and/or the Supplier.

     

    3.            Purchaser shall refrain from using and/or authorizing any third party to use the Materials and/or any part thereof other than in connection and/or association with the Products.

     

    4.            Purchaser shall refrain from combining and/or pairing and/or associating and/or authorizing any third party to combine and/or pair and/or associate the Brand and/or Materials and/or any element or part thereof with materials other than the Materials.

     

    5.            Purchaser shall refrain from removing and/or altering and/or modifying and/or adapting and/or authorizing any third party to remove and/or alter and/or modify and/or adapt, the Brand and/or Materials or any element or part thereof, including without limitation in terms of size, position and style, as a whole or of their elements (including without limitation in terms of letters, font and layout or graphic representation).

                   

    B.            USE OF THE BRAND AND MATERIALS

     

    1.            Purchaser may identify and/or promote itself as a reseller of the Products in the territory pre-agreed in writing with the Supplier.

     

    2.            The Brand and any element or part thereof must be correctly attributed. Attribution must include the indication that Supplier’s Brand is registered and the propriety of Supplier, for example by using the symbols TM or ® and/or other legends or symbols to be pre-approved in writing by Supplier.

     

    3.            The Brand and any element or part thereof must be used with reference to, in connection with and to identify the Products and/or Materials.

     

    4.            The Brand and/or Materials and/or any element or part thereof must be used in a manner or form that is in compliance with the time and territorial extension, form or purpose of use as pre-agreed in writing with the Supplier, as well as the size, style, position and visibility of the same, in whole or in part, including without limitation in terms of letters, font and layout or graphic representation pre-approved in writing by Supplier.

     

    5.            Materials supplied by Supplier are to be used by Purchaser for purposes of display, promotion and sale of the Products to Purchaser’s clients. Purchaser’s clients receiving such Materials from Purchaser are authorized to use them solely for personal, non-commercial purposes.

     

    6.            In the event the Purchaser becomes aware of, or has any reasonable cause to suspect, any infringement or threatened infringement by any third party of any of the IP Rights of the Supplier, or any claim or allegation that any of such rights is invalid or infringes the rights of any third party, then Purchaser must promptly notify in writing and provide the Supplier with particulars of such infringement or claim or allegation and shall not make any admission or comment to any third party. The Supplier shall have the sole conduct of any case ensuing from such infringement, claim or allegation and shall, in its sole discretion, decide what action (including litigation, arbitration or compromise), if any, to take in respect of same, at its own cost. The Purchaser shall, at the request of the Supplier and Supplier’s cost, provide all reasonable assistance requested by the Supplier (including without limitation the provision of documentation) in relation to such case.

    To the maximum extent permitted by applicable laws, nothing in these Guidelines shall be construed as a representation, warranty or promise that use of the Brand and/or Materials and/or any part thereof will not infringe the IP Rights or other rights of any third party.

     

    C.            ON-LINE DISPLAY, PROMOTION AND SALES OF THE PRODUCTS – MINIMUM QUALITY STANDARDS

     

    1.            Purchaser must not actively sell the Products outside the Territory nor to other resellers. Without prejudice to the foregoing, the Purchaser established in the European Union must not passively sell the Products to other resellers established outside the European Union, whilst the Purchaser established outside the European Union must not passively sell the Products outside the Territory nor to other resellers.

     

    2.            On-line display, promotion and sale of Products via a Purchaser’s Site (as pre-approved under point 5 below) and/or a Third Party’s Site upon authorization by the Purchaser (as pre-approved under point 5 below) must conform to paragraphs A and B of these Guidelines.

     

    3.            Any type or form of link (including without limitation inbound linking, deep linking, framing, redirecting, search and meta-tag usage) between a Purchaser’s Site (as pre-approved under point 5 below) and/or a Third Party’s Site (as pre-approved under point 5 below) and the Site and/or Supplier’s pages is subject to the prior written approval by Supplier.

     

    4.            Any type or form of link (including without limitation inbound linking, deep linking, framing, redirecting, search and meta-tag usage) between a Purchaser’s Site (as pre-approved under point 5 below) and a Third Party’s Site (as pre-approved under point 5 below) is subject to the prior written approval by Supplier.

     

    5.            On-line display, promotion and sale of Products via a Purchaser’s Site and/or a Third Party’s Site upon authorization by the Purchaser must conform to Supplier’s quality standards, such conformity to be verified and pre-approved by Supplier in writing. Supplier’s quality standards may include without limitation quality standards in respect of:

     

    (a)           the Products’ positioning and quality:

    - Made in Italy

    - Top brand and high priced shoes and accessories

    - Luxury shoes and accessories

    - Luxury leather goods

    - High quality promotional imagery and materials

     

     (b)         the Brand’s positioning, uniqueness and values:

    - Top brand and high priced shoes and accessories

    - Craftsmanship

    - Traditional know-how

    - Family heritage

     

    (c)           the type and selection of the Products ordered for sale by Purchaser to be displayed, promoted and sold via a Purchaser’s Site or a Third Party’s Site;

     

    (d)          the type and selection of Materials to be displayed for promotion and sale of Products via a Purchaser’s Site and/or a Third Party’s Site;

     

    (e)           the type, style, position, size of the on-line display and promotion of the Products and Brand on a Purchaser’s Site and/or a Third Party’s Site.

     

    (f)            the Materials. In the event Purchaser wishes to display on Purchaser’s Site and/or on a Third Party’s Site imagery and/or materials other than the Materials, such imagery and materials must conform to high quality digital production standards and parameters, with the Products and/or the Brand being depicted and shown on backgrounds or settings, in a position, with lighting that are capable of enhancing their high quality, features and values, including without limitations the features and values indicated at points 5(a) and 5(b) above. backgrounds,

     

    (g)           the quality standards of the Site, in terms of:

    (i)            its general look and feel;

    (ii)           the visibility and description of the Products displayed;

    (iii)          its targeted users and customers;

    (iv)          the engagement and experience of its users and/or customers, including without limitation in terms of available languages;

    (h)          the correct identification of Purchaser as reseller of the Products. 

    6.            In the event an authorized Purchaser’s Site and/or a Third Party’s Site is or becomes in default under these Guidelines, Supplier shall have the right to require Purchaser to, and Purchaser accepts that it shall, and/or procure that third parties shall, immediately cease the on-line display, promotion or sale of Products via the defaulting Purchaser’s Site and/or Third Party’s Site. Purchaser may resume any display, promotion or sale of the Products on said Purchaser’s Site and/or Third Party’s Site subject to such site being or becoming in compliance with these Guidelines and Supplier’s prior approval in writing.