Version of January, 2024
1. General Conditions of Sale
1.1. These general conditions of sale (hereinafter also the “Conditions of Sale”) shall apply to the purchase of products bearing the “AGL” trademark(s) (the “Products” or severally the “Product”) made via the e-commerce section of the site www.agl.com (the “Site”) by users who satisfy the conditions of article 1.2 below.
1.2. The e-commerce section of the Site is the property of Attilio Giusti Leombruni S.p.A., with registered offices at 1, Viale Bettino Craxi, Montegranaro (FM), Italy, Tax Code and VAT no. 01125410447 and registered with the Company register of Fermo, Italy under no. 114313 (“AGL”) but is managed and operated by AGL Shoes US, Inc., with offices at 57 West 57th Street, Suite 607, 6th Floor, New York, NY 10019, U.S.A. (“AGL Shoes US, Inc.”).
Please carefully read these Conditions of Sale, together with the general conditions of use of the Site (the "Conditions of Use") and the informational notice concerning Your personal data (the "Privacy Notice") prior to proceeding with the purchase of any Products via the e-commerce section of the Site.
1.3.1.3. The Products are offered and sold through the e-commerce section of the Site directly by AGL Shoes US, Inc.. Purchases made on the Site shall have as parties (the “Parties”) AGL Shoes US, Inc., as the seller, and “You”, the final user who purchases one or more of the Products for purposes that are personal and not connected to a business, trade, craft business or profession, as the buyer (hereafter the “Consumer”). AGL is not a party to these Conditions of Sale but it is the owner of the rights indicated at article 11 below.
1.4.1.4. Any notice by the Consumer in connection with and/or in relation to the purchase of the Products - including any notices, claims or requests concerning the purchase and/or delivery of the Products, the exercise of the right to cancel, or similar requests - shall be sent to AGL Shoes US, Inc.’s customer care (the “Customer Care”), by using the telephone number, the e-mail address or the contact form available on the Contacts page of the Site or, if the Consumer registered on the e-commerce section of the Site, the telephone number or the e-mail address indicated in the area reserved to the account of the Consumer.
1.5. Each and every purchase of Products shall be governed by the version of the Conditions of Sale that is published on the Site at the time the order is transmitted by the Consumer.
1.6. The e-commerce section of the Site is dedicated to the retail sale of Products and, as such, is designed for use solely by Consumers. If You are not a Consumer or You do not wish to accept the Conditions of Sale, You are prohibited from using the e-commerce section of the Site to purchase the Products. AGL Shoes US, Inc. reserves the right to reject purchase orders of the Products and/or to refuse completion or performance of purchase orders of the Products received from any persons other than Consumers, as well as purchase orders of the Products that do not conform to the Conditions of Sale.
1.7. By transmitting a purchase order for Products, the Consumer agrees that the confirmation of information concerning the transmitted order and these Conditions of Sale shall be sent to the Consumer by e-mail to the e-mail address provided by the Consumer at the time of registration on the e-commerce section of the Site or the Products’ purchase process.
1.8. In order to purchase the Products via the e-commerce section of the Site, the Consumer must be age 18 or over and have full legal capacity, which the Consumer hereby does declare and confirm. AGL Shoes US, Inc. reserves the right to reject purchase orders of the Products and/or to refuse completion or performance of purchase orders of the Products received from any person under 18 years of age.
1.9. The Consumer shall be responsible for obtaining, at the Consumer’s own cost and expense, any and all necessary software, computing equipment, digital equipment, device or telecommunications’ service, including but not limited to as may be necessary for Internet connection to the Site and/or telephone costs, in accordance with the rates applied by the service provider selected by the Consumer, that are required to access the e-commerce section of the Site. In addition, the Consumer shall be responsible for the safekeeping, correct use and ensuring that no person uses the Consumer’s software, computing equipment, digital equipment, device or telecommunications’ service, including but not limited to as may be necessary for access the Site without the Consumer’s permission.
1.10. The Conditions of Sale govern the offer and sale of the Products by AGL Shoes US, Inc. via the Site and do not govern or otherwise cover any potential offer or sale, by any third parties or from any third-party sites of any third party products or services. These Conditions of Sale cover only the Products accessible on the Site through links or other types of connection. If the Consumer decides to purchase any products or services of any third parties, any such purchase may be subject to other and additional third-party terms and conditions of sale.
2. Product features and availability in the various geographical areas
2.1. Through the e-commerce section of the Site AGL Shoes US, Inc. only offers the Products for sale. The Products are original, new and are not used. They are offered and sold by AGL Shoes US, Inc. through the e-commerce section of the Site with the features and qualities described therein and in accordance with the Conditions of Sale published on the Site at the time of the transmission of the order by the Consumer. Please be advised, however, that the images and/or graphic representations of the Products that may be viewed on the e-commerce section of the Site or in the Products’ information pages may not correspond to reality as a result of inaccuracies resulting from computing, digital equipment, or device of the Consumer, such as the Consumer's browser or monitor, and that neither AGL Shoes US, Inc. nor AGL shall be liable for such lack of conformity; Consumer hereby acknowledges and accepts the foregoing.
2.2. AGL Shoes US, Inc. reserves the right to amend or update these Conditions of Sale at any time, in its own discretion, including but not limited to as a result of changes in applicable laws or regulations. AGL Shoes US, Inc. shall have no obligation whatsoever to provide any notice of any such amendments or updates to users of the e-commerce section of the Site. Unless otherwise specified, any amendments made to the Conditions of Sale shall become effective as of the date of their publication on the Site and will only apply to purchases of the Products made starting from that date.
2.3. The Consumer acknowledges that the Products offered for sale via the e-commerce section of the Site are subject to availability at the time of the offer and that the categories, models, style or the features of the same, including prices, may be subject to changes and updates without any obligation to give prior notice. Such changes shall apply solely to orders not yet confirmed on the date of such changes. In any event, the Consumer is invited to check the availability of the Products, as well as their features and price, prior to transmission of the purchase order in accordance with article 3 below.
2.4 The Products offered for sale via the e-commerce section of the Site can only be purchased by Consumers who request their delivery in one of the countries listed on the Site as countries of destination.
3. Product purchase procedure - Consummation of a purchase and sale
3.1. The display of Products on the Site, which is not binding on AGL Shoes US, Inc., constitutes a mere invitation addressed to the Consumer to make a contractual offer to purchase and shall not be deemed to be an offer to the public.
3.2. The purchase of the Products via the e-commerce section of the Site does not require the prior registration of the Consumer on the e-commerce section of the Site. The registration on the e-commerce section of the Site is free of charge, quick and does not entail the obligation of the Consumer to purchase any Products. At the time of registration, the Consumer will receive, at the e-mail address indicated by the Consumer, an e-mail confirming registration on the Site, together with a password that may be modified by accessing the area reserved to the account of the Consumer on the e-commerce section of the Site.
3.3. To conclude a purchase and sale contract for one or more Products through the e-commerce section of the Site, the Consumer will be asked to complete a purchase order of the Products. The purchase order may be completed in English and, once it is transmitted by the Consumer to AGL Shoes US, Inc. via the e-commerce section of the Site, shall become a valid contractual offer subject to these Conditions of Sale, which forms an integral part of said order and which the Consumer, by transmitting the order to AGL Shoes US, Inc., is required to accept in their entirety and without reservation. Prior to proceeding with the purchase of the Products by transmitting the purchase order, the Consumer will be asked to carefully read these Conditions of Sale and the information notice on the Consumer’s right to cancel, print a copy of same by using the printing command and/or store or reproduce a copy of same for the Consumer’s personal use. In addition, the Consumer will be asked to double check and correct any errors in the data provided with the order.
3.4. The Consumer's purchase order is accepted by AGL Shoes US, Inc. by sending to the Consumer, at the e-mail address the Consumer indicated at the time of registration on the e-commerce section of the Site or the transmission of the order if the Consumer did not register on the e-commerce section of the Site, an e-mail confirming the order, containing a link to these Conditions of Sale, a summary of the order placed, inclusive of a detailed confirmation of the price of the Products ordered, any shipping costs and any applicable duties, as well as a description of the features of the Products ordered. Such order confirmation will be sent by AGL Shoes US, Inc., owner of the site. The Consumer’s order, the order confirmation and the Conditions of Sale applicable to the purchase contract concluded between the Parties will be archived electronically by AGL Shoes US, Inc. and by AGL on their computing systems and the Consumer may request a copy of same by sending a request to Customer Care by using the telephone number or the e-mail address indicated in the area reserved to the account of the Consumer (if the Consumer registered on the e-commerce section of the Site) or the telephone number or the e-mail address indicated in the order confirmation or the contact form available on the Contacts page of the Site.
3.5. Each purchase contract for Products shall be deemed concluded and consummated between the Parties when the Consumer receives the order confirmation by e-mail.
4. Products’ selection and purchase procedure
4.1. The Products offered for sale via the e-commerce section of the Site may be purchased by the Consumer by selecting the Products of interest and adding them to the virtual shopping cart. Once the selection of the Products is complete, and in order to purchase the Products added to the shopping cart the Consumer will be invited to (i) register on the e-commerce section of the Site, by providing the requested data or, (ii) login, if the Consumer already registered or (iii) provide the Consumer’s data to complete the order and allow the conclusion and consummation of the purchase contract without registration on the e-commerce section of the Site. In the event the data provided by the Consumer with the order differs in any way from the data the Consumer provided during registration on the e-commerce section of the Site, the Consumer will be asked to confirm the Consumer’s data (such as for example, and without limitation: name, surname etc.), as well as the delivery address of the selected Products, the billing address and, on an optional basis, a telephone number where the Consumer can be contacted for any notice related to the purchase made. The Consumer will be shown a summary of the order to be processed, which content can be modified. Then, the Consumer will be required to carefully read and expressly accept these Conditions of Sale and the Privacy Notice by ticking the specific check box inserted in the summary of the order and, finally, confirm the order by clicking the “Place Order” button, at which time the order will be sent to AGL Shoes US, Inc. having the effect set forth in article 3.3 above. Prior to proceeding to transmission of an order, the Consumer will also be asked to select the country and delivery options for the Products as well as the payment method, among those available. If the Consumer selects a method of immediate payment (at the same time of the purchase) by credit card, PayPal or real-time bank transfer, the Consumer will be required to provide the relevant data via a secure connection. AGL Shoes US, Inc. reserves the right to verify the personal data provided by the Consumer for accounting and administrative purposes. If payment is made by credit card, the purchase price will be debited only at the time the order confirmation is transmitted to the Consumer.
4.2. The Consumer acknowledges that the price of the Products is subject to changes and updates without any obligation of prior notice. AGL Shoes US, Inc. recommends that the Consumer checks the final price of the Products prior to transmitting the order to AGL Shoes US, Inc. In the event that, during the Product selection process on the e-commerce section of the Site pursuant to article 4.1 above, the Consumer notes that the price of one or more Products the Consumer intends to select for purchase is evidently lower than the standard applicable price, net of any discounts and/or promotions applicable at that time, by reason of an evident technical problem that occurred on the e-commerce section of the Site, the Consumer shall not proceed with the purchase order and report the technical error to Customer Care by using the telephone number or the e-mail address indicated in the area reserved to the account of the Consumer (if the Consumer registered on the e-commerce section of the Site) or the telephone number or the e-mail address indicated in the order confirmation or the contact form available on the Contacts page of the Site.
5. Delivery and acceptance of Products
5.1. The Site indicates the availability of Products and the estimated times of their delivery. However, such information is to be intended as approximate and not binding on AGL Shoes US, Inc..
5.2. AGL Shoes US, Inc. undertakes to comply with the delivery times indicated on the e-commerce section of the Site and, in any event, to effectuate delivery within thirty (30) days from the day following the date at which the purchased order has been confirmed to the Consumer, unless AGL Shoes US, Inc. notifies the Consumer otherwise within such 30-day time period, that delivery of the Products is not possible by reason of their unavailability, or otherwise. In such event, AGL Shoes US, Inc. shall reimburse to the Consumer the amount paid for the purchased Products in accordance with article 10.5 below.
5.3. If the Consumer selected the bank transfer payment method, delivery time shall commence on the date of receipt by AGL Shoes US, Inc. of the amount transferred.
5.4. Delivery of the Products ordered by the Consumer shall be made in accordance with the shipping method chosen by the Consumer among those available and indicated on the Site at the time of transmission of the order. The Consumer undertakes to check, promptly and within the shortest possible time, that the delivery the Consumer received includes all and only the purchased Products and to promptly notify AGL Shoes US, Inc. of any alleged defective Products received or any discrepancy between the Products received and those that were ordered, in accordance with article 8 below. In the event of failure by the Consumer to so notify AGL Shoes US, Inc. within 14 (fourteen) days of receipt of the Products, the Products shall be deemed accepted by the Consumer.
5.5. In the event that the packaging of the Products as ordered by the Consumer reaches its destination visibly damaged, the Consumer may refuse to accept delivery from the carrier/courier or accept the delivery “with reservation of rights”.
6. Price, shipping costs, duties, taxes and assessments
6.1. The price of the Products is the price indicated in the order transmitted by the Consumer, as confirmed by the e-mail order confirmation transmitted to the Consumer. Said price is inclusive of the standard packaging costs, VAT and/or sales taxes or other taxes on sale (where applicable), shipping costs and, unless it is otherwise indicated in pursuance of article 6.3 below, customs duties and/or other similar taxes and assessments (where applicable).
6.2. The Consumer shall pay to AGL Shoes US, Inc. the price of the Products, inclusive of the items indicated in article 6.1. above, as summarized in the order transmitted by the Consumer and the e-mail order confirmation sent to the Consumer.
6.3. Without prejudice to the foregoing, if the Products are available for delivery in countries other than the USA, the price of the Products indicated in the order and confirmed in the order confirmation may not include customs duties and/or other similar taxes and duties as applicable in the said countries, which duties, taxes and assessments the Consumer agrees to pay, in addition to the price of the Products and if due, in accordance with the laws and regulations of said countries. The Consumer residing or wishing to have Products delivered in said countries is invited to seek to obtain information from such countries’ competent authorities on any customs duties and/or other taxes and burdens that may apply to the delivery of the purchased Products.
6.4. Applicable customs duties, similar taxes, or assessments under article 6.3. above shall be paid solely by the Consumer.
6.5. The Consumer declares that the Consumer’s lack of knowledge, at the time of transmission to AGL Shoes US, Inc. of an order, of any applicable customs duties, taxes, or assessments under article 6.3 above shall not constitute a reason for termination of the purchase contract and the said customs duties, taxes, or assessments shall in no event whatsoever be required to be paid by AGL Shoes US, Inc.
6.6. Finally, the Consumer acknowledges that in the event of the Consumer’s refusal of the Products or non-delivery of same for reasons attributable to the Consumer or its recipient (such as, for example, the incorrect address or telephone number of the recipient, the repeated absence of the recipient, etc.) AGL Shoes US, Inc. may retain the Products and charge the Consumer an amount covering their shipping costs, the costs of their return and any paid custom duties, taxes and assessments. The Consumer will thus be reimbursed solely of the paid price of the Products after deduction of the said amount.
7. Payments
7.1. Payment of the total price of the Products purchased via the e-commerce section of the Site shall be made by the Consumer within ten (10) days, time being of the essence, from the date of transmission of the e-mail order confirmation to the Consumer. The Consumer expressly agrees that performance of the purchase contract by AGL Shoes US, Inc. will commence at the time the price of the purchased Product(s) is credited into AGL Shoes US, Inc.’s bank account.
7.2. Payment may be made by credit card, PayPal or immediate bank transfer, in accordance with the following conditions. AGL Shoes US, Inc. may also allow other payment methods by indicating them in the payment section on the e-commerce section of the Site from time to time.
7.3. If payment is made by credit card, the Consumer will be transferred to a secure site and the data of the Consumer’s credit card will be communicated directly to Adyen N.V., with registered offices at 6-50, Simon Carmiggeltstraat, 1011 DJ Amsterdam, The Netherlands, registered with the National Register of The Netherlands under no. 34259528, the operator that handles payments on behalf of AGL Shoes US, Inc. The data inserted by the Consumer will be sent securely, using a PCI DSS encrypted file transfer system. Such data may not be accessed by AGL Shoes US, Inc.
7.4. If payment is made by immediate bank transfer to AGL Shoes US, Inc., the Consumer will be required to insert in the bank transfer order the SWIFT and/or IBAN and/or ABA codes indicated in the order confirmation, together with the order number.
7.5. If required and in accordance with the procedures provided by applicable laws or regulations, AGL Shoes US, Inc. will promptly transmit to the Consumer the tax receipt or the invoice concerning the purchase of the Products made by the Consumer, in electronic format and by e-mail to the address provided by the Consumer or in paper format together with the purchased Products.
8. Limited warranty
8.1. AGL Shoes US, Inc. warrants that the Products will be free from material defects in their manufacturing and conform generally to the descriptions published on the e-commerce section of the Site (without prejudice to the provision of article 2 above). No warranty shall apply in the event the Products have been used in a manner that does not conform to proper usage of the Product or the instructions or warnings on the matter provided by AGL Shoes US, Inc. and/or AGL or displayed on the relevant illustrative documentation, tags or labels.
8.2. Notwithstanding anything in these Conditons of Sale to the contrary, the Consumer is required to provide a written notice specifying any alleged material defects and non-conformity of the Products within fourteen (14) days of receipt or delivery of the Products. If the Consumer registered on the e-commerce section of the Site, the Consumer may access the area reserved to the Consumer’s account, select the purchase order concerning the Product to be reported and proceed to request the Product to be returned, by indicating as the reason for such return the Product’s alleged detected material defect or non-conformity. If the Consumer did not register on the e-commerce section of the Site, the Consumer may contact the Customer Care by using the e-mail address indicated in the order confirmation or the e-mail address or the contact form available on the Contacts page of the Site and proceed to request the Product to be returned, by indicating as the reason for such return the Product’s alleged detected material defect or non-conformity.
8.3. Upon receipt of the return request, the Customer Care will send to the Consumer, at the e-mail indicated by the Consumer, the instructions and indications to return the Product reported as allegedly materially defective or nonconforming and obtain its replacement or refund of the purchase price. The instructions and indications sent by Customer Care to the Consumer may include the request that the Consumer provides documentation concerning the Product reported as allegedly materially defective or lacking conformity, such as photographs of the same or any other documentation the Consumer received at the time of its delivery. Upon receipt of such documentation, AGL Shoes US, Inc. shall assess the alleged defects and non-conformity of the Product as reported by the Consumer and, after having carried out the appropriate quality checks to verify the the alleged defectiveness and/or non-conformity of the Product, decide on authorizing its return. In the event it authorizes the Product’s return, AGL Shoes US, Inc. shall send to the Consumer, via its Customer Care and at the e-mail address indicated by the Consumer, a notice authorizing the return of the Product containing a return code. AGL Shoes US, Inc.’s authorization to return the Products reported as materially defective and/or lacking conformity by the Consumer shall in no event constitute acknowledgement by AGL Shoes US, Inc. of the reported alleged defect or non-conformity, which real existence will be assessed after the Products have been returned. The Products that AGL Shoes US, Inc. authorizes to be returned shall be returned by the Consumer, together with a copy of the notice of authorization to return them indicating the return code, within fifteen (15) days from the date of receipt of the said notice, to the following address: AGL Shoes US, Inc. c/o Savitransport Inc., 34 Engelhard Ave, Avenel, NJ 07001.
8.4. In case of defectiveness or non-conformity of the purchased Products as assessed in accordance with previous article 8.3, the Consumer shall have the right to restitution by AGL Shoes US, Inc. of the conformity of the Product, by its repair or replacement. If AGL Shoes US, Inc. undertakes to reimburse the price paid by the Consumer, such reimbursement will be made, where possible, by means of the same payment method used by the Consumer at the time of the purchase of the Product or by bank transfer. The Consumer will be responsible for notifying to AGL Shoes US, Inc., at the time of the Consumer’s return request, the bank details to effectuate the transfer payment in the Consumer’s favour and to allow AGL Shoes US, Inc. to reimburse the due amount.
9. Right to cancel
9.1. The Consumer shall have the right to cancel any purchase contract concluded pursuant to these Conditions of Sale without the obligation to provide a reason and incurring any penalty, within 14 (fourteen) days from (i) the date of delivery of the Product or (ii) in the event of purchase of several Products with a single order that are delivered separately, from the date of delivery of the last Product.
9.2. To exercise the right to cancel, the Consumer shall notify the Customer Care, prior to the expiry of the deadline indicated at article 10.1 above, of the Consumer’s decision. If the Consumer registered on the e-commerce section of the Site, the Consumer may access the area reserved to the Consumer’s account, select the purchase order concerning the purchased Product and proceed to request the Product to be returned, by indicating as the reason for such return the Consumer’s right to cancel. If the Consumer did not register on the e-commerce section of the Site, the Consumer may contact the Customer Care by using the e-mail address indicated in the order confirmation or the contact form available on the Contacts page of the Site and proceed to request the Product to be returned, by indicating as the reason for such return the Consumer’s right to cancel.
9.3. Following performance of the terms of article 10.2 above, the Consumer will receive from the Customer Care an e-mail confirming the Consumer’s exercise of the right to cancel, containing, if the Consumer has in the meantime received the purchased Product, the instructions for the return of the Product, the booking and collection of same by AGL Shoes US, Inc.’s courier and the indication of the documentation to be provided to the latter, together with the Product to be returned to AGL Shoes US, Inc. Additional detailed information may be accessed on the page Returns and Refunds of the Site.
9.4. If the Consumer receives the Product, the Consumer is required to return it to the courier indicated by the Customer Care without undue delay and, in any event, within 14 (fourteen) days from the date the Consumer notified the decision to cancel. Unless it is provided otherwise for certain countries of destination other than the USA, if available, the return of the Products as a consequence of the exercise of the right to cancel by the Consumer is free of charge and, once the Product to be returned is delivered to the cited courier, all shipping risks and costs of returning the Product to AGL Shoes US, Inc. shall be borne by AGL Shoes US, Inc.
9.5. In the event of exercise by the Consumer of the right to cancel in pursuance of this article 10, the Consumer shall be reimbursed for the payments made, inclusive of applied shipping costs, but exclusive of any additional shipping costs deriving from the choice of a type of delivery other than the less expensive type of standard delivery offered and any customs duties, taxes and assessments as regulated by previous article 6.3, without undue delay and, in any event, no later than 14 (fourteen) days from the date of exercise of the right to cancel, unless AGL Shoes US, Inc. shall have the right to suspend reimbursement until effective receipt of the returned Products. Reimbursement shall be effected by using the same method of payment used by the Consumer to purchase the Products, unless the Consumer requests reimbursement via a different method of payment. In such event the Consumer will be charged for any additional costs deriving from the choice of such different method of payment.
9.6. The Consumer shall be liable for any diminished value of the Products resulting from the use and/or manipulation of same other than that is necessary to establish their nature, features and functioning. Accordingly, if the Products returned after exercise of the right to cancel are found to be damaged (for example they evidence usage, abrasion, nicks, scratches, deformation, etc.), incomplete in all their elements or accessories (including unaltered tags or labels, attached to the Products), unaccompanied by the instructions/notes/manuals supplied, their original packaging and the original warranty certificate, if any, the Customer shall be liable for the decreased value of the returned Product and be entitled to receive the reimbursement of an amount equal to the residual value of the Product. To this end, the Consumer is invited not to use nor manipulate the Product beyond what is strictly necessary to establish the nature, features and functioning of same and to protect the original packaging of the Products with an additional protective packaging that preserves its integrity and protects it prior to its delivery to AGL Shoes US, Inc.’s courier.
10. Intellectual Property Rights
10.1. The Consumer declares and acknowledges that all industrial and intellectual property rights and rights of economic exploitation in and to all or part of the Site, including without limitation the content, information, products or services rendered available via the Site, are and shall remain reserved and exclusively vested in and otherwise available to AGL, for the world and universe and for the full period of protection (including renewals, extensions and, thereafter if permitted by applicable laws and/o regulations, in perpetuity), in any form, format, manner, by any means and/or onto any media.
Consequently, the Consumer acknowledges and agrees that the said rights shall cover (i) each and every trademark, logo, title, company name, domain name, distinctive sign, product name, whether registered or unregistered, of AGL that is contained in the Site, (ii) each and every product of AGL and/or the related design, model, whether registered or unregistered, that is reproduced on the Site (iii) each and every textual, visual, audio, audio-visual content and/or material of the Site, including without limitation graphic designs and layouts, informative and/or editorial content, images, photographs, music, videos.
Nothing contained in the Conditions of Use and/or Conditions of Sale and/or Privacy Notice shall have the effect of transferring, licensing and/or otherwise dealing with the said rights in favour of the Consumer and/or any third party. The Consumer undertakes not to do nor omit any act that does not conform to or may otherwise prejudice the rights above indicated.
The Consumer may not directly use or authorize any third party to use the Site for any unlawful purpose or in violation of any laws, regulations or the rights of any third party or the Conditions of Use or Conditions of Sale, nor store, copy, reproduce, upload, publish, distribute, broadcast, transmit, communicate, make available to the public, modify, adapt, translate, encode, or otherwise use all or part of the Site, including without limitation the content, information, products and services rendered available via the Site (such as for example all content of the Site), in any form, format or manner, by any means and/or onto any media, including without limitation by means of software or computing or digital devices or equipment or media or telecommunications’ services.
11. Security
11.1. Although AGL takes measures to protect personal data from their loss, falsification, manipulation and improper use by third parties, by reason of the characteristics and technical limitations concerning the protection of electronic communications via the Internet, AGL Shoes US, Inc. cannot warrant that the information or data viewed by the Consumer through the e-commerce section of the Site, even after the Consumer proceeded to log-in to the area reserved to the Consumer’s account, will not be accessible or viewable by unauthorised third parties.
11.2. In connection with data of payments made by credit card, AGL Shoes US, Inc. uses the services of Adyen N.V., as better identified at previous article 7.3, who uses technological systems that are able to guarantee the maximum levels of reliability, security, protection and confidentiality in the transmission of data over the web.
12. Applicable law, settlements and jurisdiction
12.1 If one or more of the provisions in these Conditions of Sale are deemed or declared null and void, unenforceable, or illegal, the other remaining provisions shall remain unaffected in terms of their validity and scope.
12.2 These Conditions of Sale shall be governed by the laws of the State of New York. Customer hereby irrevocable consents to the jurisdiction of the federal and state courts located in the County of New York for any dispute or action arising out of or related to these terms and conditions.
13. Language of the Conditions of Sale
These Conditions of Sale are published on the Site in English.