Terms and Conditions
Terms and Conditions
Welcome to the www.agnona.com website (the “Website”), property of Agnona S.r.l., a company having its registered office via Vittor Pisani 20, 20124 Milano, registered with the Companies’ Registry of Milan, REA 08838260969, share capital of € 2.010.000, certified e-mail address Agnona.email@example.com Access to and use of the Website are conditional on your review, understanding and acceptance of these General Conditions of Use. If you do not agree with these General Conditions of Use or with part of them, please do not use and do not access the Website./p>
Intellectual property rights
The contents present on the Website, such as, without limitation, works, images, photographs, dialogues, music, sounds and videos, documents, drawings, pictures, logos and any other material, whatever their format, posted on the Website including, the menus, web pages, graphics, colours, patterns, tools, characters, and design of the Website, diagrams, layouts, methods, processes, functions and software that are part of the Website, are protected by copyright and by all other IP rights of Agnona or of the third parties, if any, that Agnona has engaged. It is forbidden to reproduce, in whole or in part, in whatever form, the Website and its contents without Agnona’s express written consent. You are only permitted to view the Website and its contents benefiting from the services made available on it. You are also authorised to make any temporary reproductions, without economic significance per se, which are considered transitory or secondary, and an integral and essential part of the actual viewing of the Website and its contents, and any other browsing operations that are performed solely for the purpose of legitimately using the same. Under no circumstances may you be authorized to reproduce, on any medium, in whole or in part, the Website and its contents. Any reproduction must each time be authorized by Agnona or, where appropriate, by the authors of the individual works contained in the Website. Such reproductions must in any case be made for lawful purposes and in compliance with the copyright and the other IP rights of Agnona and of the authors of the individual works contained in the Website. The authors of the individual works published on the Website shall be entitled to claim, at any time, the authorship of their work and to oppose to any deformation, mutilation or other modification of the works including any damage caused to the works that is prejudicial to their honour or reputation. You undertake to comply with the copyright of the artists who have chosen to publish their works on the Website. You are also not authorized to use, under no circumstances, in any manner and form, the contents of the Website and the individual works protected by copyright and by any other IP right. You may not alter or modify the contents and the copyrighted works without Agnona’s consent and, where necessary, without the consent of the relevant authors.
Trademarks and domains
The exclusive owner of all trademarks and distinctive signs present on the Website, also for the purposes of distinguishing the products, is the Agnona or other companies of the Zegna Group, who has also the exclusive right to use them. Any unauthorized use or use that is not compliant with the law is strictly forbidden and can have legal consequences. Under no circumstances will you be entitled to use said trademarks and the other distinctive signs present on the Website to obtain, also indirectly, an improper benefit from the distinctive character or from the popularity of the Agnona’s trademarks in a way that is prejudicial to the same or to their owners. The agnona.com domain, as well as any declination of the same and any sub-domain, are in the ownership of Agnona. It is not permitted, not even indirectly, to use them without the express written consent of their owners.
Inbound and outbound links from the Website to third party sites
The access, use and browsing of the Website are for your personal use only, and must always be unrelated to your commercial, entrepreneurial and professional activities. Using and browsing the Website are activities performed by you and, as such, no liability can be attributed to the Website Operator for the incorrect use of the Website. The Website Operator shall therefore not be liable if during your downloading activities your device is damaged or if your data are lost, unless any such damage and loss are attributable to the gross negligence and willful misconduct of the same Website Operator. The Website Operator accepts no responsibility for damages deriving from the inaccessibility to the services present on the Website, disruption of the service, content cancellation, problems related to the networks, providers or telephone and/or internet connections, unauthorized accesses, data alteration, failure and/or malfunction of your electronic equipment. It will be your responsibility to protect and correctly use your personal data, including the credentials allowing you to access the restricted services. You will also be responsible for any damaging consequence or prejudice that may derive to the Website Operator or third party from the incorrect use, loss or theft of your data. The Website Operator has adopted all reasonable measures aimed at preventing the posting on the Website of contents and images that are likely to infringe a person’s human rights and dignity, in all possible forms and expressions. Should you deem however that such contents are offensive to your religious or ethical sensibility, or your dignity, please report it to the Website Operator (by sending the relevant notice to the following mailbox firstname.lastname@example.org. The Website Operator however warns you that the access, if any, to the contents deemed infringing or offensive is a deliberate act of yours and you are therefore the only person responsible for that. The Website Operator has also adopted any useful precautions to ensure that all information present on the Website are correct, complete and updated. The Website Operator accepts however no responsibility for the accuracy and completeness of the contents posted on the Website, unless otherwise envisaged by the law. Should you find any error in the information present on the Website or realize that such information is not duly updated, please report it to the Website Operator sending the relevant notice to the following mailbox email@example.com.
Applicable law and dispute resolution
These General Conditions of Use are governed by Italian law. Any dispute arising out of these General Conditions of Use between the Website Operator and you, may be resolved through the Alternative Dispute Resolution tool made available on the website of the Chamber of Commerce of Milan (www.risolvionline.com).
These General Conditions of Use may be updated or modified from time to time by the Website Operator. Any such modification shall become effective when posted on the Website. We therefore suggest that you review this document regularly.
Agnona is aware that the personal data of its customers are important, and it therefore intends to inform and provide them with as much control as possible on how their personal data, collected through this website (the “Website”), are handled.
The Data Controller of the data collected and processed through the Website
The Data Controller of the data collected on the Website is Agnona S.r.l., Via Vittor Pisani n. 20, 20124 Milano, ITALY (hereinafter referred to as, "Agnona"). For any further information on the Data Controller or the data processing, please contact Agnona at the following email address: firstname.lastname@example.org
What data will be collected through the Website, and purposes of their processing – Legal Basis
The data collected and processed through the Website are of a different type. Such data are processed for various purposes and with different methods. They include:
(b) any data that you have voluntarily provided (including, without limitation, email address, personal details, password in filling-in the registration form of your Agnona personal account), or the data that were lawfully acquired in any other manner, are processed for acknowledging receipt of your requests and delivering the service, providing you with all necessary assistance and information in relation to the products and Agnona’s world;
(c) the personal data provided by the user during product purchasing processes on the Website to complete transactions and for activities functional and instrumental to sales, as well as for all necessary pre-sale and after sale assistance;
(d) by giving your express consent, you will allow Agnona to process your data for marketing purposes, namely, for sending you, through newsletters, e-mails, sms and mms, information and updates on products, sales, promotional campaigns, events and other initiatives promoted by Agnona, also in collaboration with its business partners, and carrying out specific market researches.
(e) by giving your express consent, you will allow Agnona to process your data for analysing your spending habits and preferences and enabling it to adapt its products and initiatives to your tastes and meet best your requirements.
(f) by giving your express consent, Agnona may transfer the user's personal data to the other companies of the Zegna’s Group, as well as to its business partners operating in the luxury, consiergerie and travel sectors and to companies operating in the automotive sector, so that they can process such data for their own commercial and marketing purposes both through technological tools, such as newsletters, e-mails, text messages, mms, and traditional tools such as mail and telephone.
- The legitimate interest of Agnona in providing the Website services and responding to any customer requests, with reference to points (a) and (b);
- Fulfilment of the sale contract and the obligation to meet pre and post contractual obligations, for all activities pursuant to point (c);
- Any consent provided by the user for the purposes pursuant to points (d), (e) and (f);
Source of personal data
The personal data collected and processed by Agnona are provided directly by the user, with the exception of the browsing data pursuant to point 2 (a).
How your personal data will be processed
However, since the data will be transmitted via electronic networks, the above measures cannot limit or completely exclude the risk of unauthorized access or dissemination of the data. To this end, we recommend you check regularly that your PC is endowed with software capable of providing adequate protection (like updated antivirus systems) for the online transmission, inbound and outbound, of the data, and that your Internet Service Provider has adopted adequate security measures for a secure transmission online of your data (like firewall and anti-spamming).
Period of retention of data
The personal data collected for sale purposes are stored for a period not exceeding 10 years from the purchase, in compliance with tax and civil regulations and without prejudice to particular requirements of defence in court that may require storage for a longer period of time.
The data provided by the user to request support, information and responses are stored for the period of time required to provide the response requested and for any subsequent activity of additional communication with the customer necessary to fully manage the request and/or issue.
The personal data provided for marketing and profiling purposes are stored for the necessary period based on the specific processing and for up to a maximum of 5 years, saves the possibility for Agnona to request a renewal of the marketing consent.
Obligatory or voluntary nature of providing the requested data
The provision of the data, especially personal details, email address, postal address, telephone number and bank details in case of credit card payments, is compulsory for executing, through the Website, the product purchase agreement.
Some of that data may also be indispensable for the provision of other services rendered on the Website and correlated with sales (pre-sale and after sale services such as customisation services, etc.) or to fulfil obligations deriving from laws or regulations (tax requirements and anti-money laundering regulations). The failure to indicate the data could therefore constitute, depending on the case, a legitimate and justified reason not to execute the contract to purchase products in the Online Store and/or provide the related services.
When necessary, the obligatory or optional nature of the communication of the data will be indicated on a case by case basis, with the (*) character appearing alongside information that is required for the provision of services and for the purchase of products on the Website. The failure to provide the personal data indicated as optional will entail no limitation or disadvantage for the user.
Scope of dissemination of the data
Agnona communicates your data only as permitted by the law and as indicated below.
In addition to what is indicated in point 2 (f) above (i.e. the communication of personal data to third parties belonging to the Zegna's Group or to business partners with express consent), personal data will be known and processed:
- employees and advisors of Agnona and other companies of the Zegna’s Group, who will operate as authorised data processors for the internal organisation of company activities;
- companies that carry out for Agnona, as data processors, specific technical and organisational services connected to the Website (logistics services, IT services, customer care service and marketing services).
The personal data may also be known by:
- third parties, only to execute the product purchase contract on the Website (such as the credit institution for the execution of remote electronic payment services using a credit/debit card);
- the police forces or the judicial authority, in compliance with the law and at the formal request of such parties, or if there are justified reasons to believe that the communication of such data is reasonably necessary to (1) investigate, prevent or take initiatives relating to suspected unlawful activities or support the state control and supervisory authorities; (2) defend against any complaint or accusation from third parties, or protect the security of the Website itself and the company; or (3) exercise or protect the rights, property or security of Agnona, the companies of the same group, its affiliates, customers, employees or any other party.
Your data will not be disseminated and will be transferred abroad only and if adequate levels of protection and sufficient safeguards, as provided for by the law, are guaranteed such as the Standard Contract Clauses approved by the European Commission.
User’s privacy rights
The user shall be entitled to obtain at any time confirmation from Agnona as to whether or not personal data concerning him exist, regardless of their being already recorded, and communication of such data in intelligible form. The user shall also be entitled to be informed of the source of the personal data; of the purposes and methods of the processing; of the logic applied to the processing, if the latter is carried out with the help of electronic means; of the identification data concerning the data controller and the data processors; of the entities or categories of entities to whom or which the personal data may be communicated and who or which may get to know said data in their capacity as data processors or authorized persons in charge of the processing.
The user shall also has the right to obtain the updating, rectification or, where interested therein, integration of the data, erasure, anonymization or blocking of data that have been processed unlawfully, including data whose retention is unnecessary for the purposes for which they have been collected or subsequently processed; certification to the effect that the above operations have been notified, as also related to their contents, to the entities to whom or which the data were communicated, unless this requirement proves impossible or involves a manifestly disproportionate effort compared with the right that is to be protected. The user also has the right to data portability.
The user shall has in any case the right to object, in whole or in part, on legitimate grounds, to the processing of personal data concerning him/her, even though they are relevant to the purpose of the collection, where it is carried out for the purpose of sending advertising materials or direct selling or else for the performance of market or commercial communication surveys. The right to object may be exercised also in relation to how the marketing messages are being sent.
The above rights may be exercised by sending the relevant request to Agnona at the following address:email@example.com
Lastly, please recall that user always has the right to make a complaint to the Supervisory Authority
General condition of sale
The products marketed on the www.agnona.com website (hereinafter, the “Website”) are sold and invoiced by AGNONA SRL, a company having its registered office in Via Vittor Pisani 20, 20124 Milano, Italy, registered with the Chamber of Commerce Industry Handicraft and Agriculture of Milan Taxpayer Identification Number, VAT and registration number with the Companies’ Registry n. 08838260969 (“AGNONA”)
For any information on purchase orders, deliveries and, more in general, purchases, please contact AGNONA customer care at the following addresses:
Acceptance of the general conditions of sale and closing
1.1 AGNONA offers for sale on the Website the products to end consumers, namely, to persons who buy them for reasons unrelated to the activities, if any, carried by said persons for business, entrepreneurial or professional purposes (“Customer”). AGNONA reserves therefore the right not to process orders placed by persons other than the "consumer" or, in any case, orders that are not consistent with its business policy.
1.2 The agreement executed between AGNONA (hereinafter also the “Seller”) and Customer shall be deemed consummated upon acceptance of the, including partial acceptance, by AGNONA. If the order is not accepted by AGNONA, AGNONA shall immediately inform Customer thereof.
1.3 To place an order in accordance with the envisaged modalities, and with the order form made available on the Website (hereinafter, the "Order"), the Customer shall read all the indications given during the purchase procedure and shall explicit accept these general conditions (hereinafter, the "Conditions").
1.4 These Conditions may be printed or stored on permanent storage devices, in accordance with the applicable legislation currently in force.
How to buy the products
2.1 The products offered for sale by AGNONA are only and exclusively the ones displayed on the Website when the Order is placed, as described in the relevant product information sheet.
2.2 In any case, it is understood that the images accompanying the description of a product are for informational purposes only and may not be perfectly representative of its characteristics but differ, for example, in colour and size (also due to the browser and monitor used to access the Website and display images).
2.3 Customer can place an order by duly filling-in the order form made available on the Website and send it in accordance with the indications provided in the Website, after having carefully reviewed these Conditions, the product specifications, the relevant price (inclusive of all applicable taxes and charges), shipping costs (including the ancillary costs that may be incurred in case a shipping and delivery method quicker and/or different from the standard one is chosen). Customer shall also ask AGNONA if it wishes to receive the invoice for the purchased product.
2.4 AGNONA shall confirm that the Order has been properly received by sending an email message to the address notified by Customer. The e-mail shall contain a short description of the conditions of purchase, as provided for by the applicable legislation, as well as the information entered by Customer into the Order form, to enable him/her double check such information and, if necessary, immediately report incorrect data, if any.
Price and Terms of payment
3.1 The prices indicated on the Website are inclusive of taxes and VAT. Customer shall be informed in advance of shipping costs or fees, if any, through the Website.
3.2 The payments can be made only through credit card and paypal and the transaction will be processed through a secure server selected by AGNONA.
3.3 Under no circumstances and at no stage of the payment process, the details of the credit card of Customer will be disclosed to AGNONA because such details will be directly sent, in a secure manner, to the website of the financial institution in charge of the transaction. No AGNONA database shall store such data and therefore AGNONA shall not be liable for any fraudulent or unlawful use of credit cards by third parties at the time of payment.
Delivery of the products and relevant expenses
4.1 AGNONA, its suppliers and its logistics service providers shall deliver the products purchased by Customer at the address indicated by the latter in the Order, at the cost specifically indicated in the Website before the Order is dispatched. For deliveries to be made outside the Italian borders, the shipping costs and delivery times may vary.
4.2 The delivery times indicated by AGNONA are to be considered as indicative only and a delay with respect to them, or any delivery made with subsequent fractional shipments shall not entitle the Customer to refuse the delivery and to claim compensation or indemnification.
4.3 To receive the delivery of the products, the Customer shall sign the relevant receipt provided to him, having checked that:
4.3.1 the number of items delivered corresponds to the number indicated in the bill of parcels,
4.3.2 the packaging is intact, not damaged or wet, and, in any case, unaltered, including the sealing material (sellotape or metal strapping seals).
4.4 Any damage detected in the packaging and/or the product, and any discrepancy found in the number of items or in the indications contained in the bill of parcels, shall be immediately reported in the bill of parcel to be returned to the courier.
4.5 Any problems concerning the physical integrity, correspondence or completeness of the products received must be reported within 7 days of delivery.
Right of withdrawal
5.1 Customer is entitled to withdraw from the purchase agreement for any reason, without penalty and without the need to give any explanation, within 14 (fourteen) days from the date of delivery of the products.
5.2 Customer may exercise the right of withdrawal set forth in art. 5.1 above, by filling in the blanks the specific form (the Withdrawal Form) made available on the Site and send the same, following the instructions on the Website.
5.3 In the event of withdrawal, Customer shall dispatch the goods back to AGNONA within 14 (fourteen) days. The return of the product(s) to the address indicated in the Withdrawal Form be sent by the courier chosen by AGNONA and also indicated in the Withdrawal Form (this method of return will be borne by the Seller and therefore will not incur any cost to the Customer);
5.4 The goods must be returned intact, complete with all its parts and possibly used for the time strictly necessary to establish and verify the nature, characteristics and size, according to normal diligence, without any signs of wear or dirt, in compliance with the conditions set out below:
5.5 The right of withdrawal may be exercised only with respect to the entire purchased product, partial withdrawals (accessories, complements, etc.) are not permitted;
- for the withdrawal to be possible, the product must be complete and complete in all its parts (including the accessory equipment: labels, tags, seals, etc. ..);
- the transit of the product/s, until the Customer receives confirmation that the product has been properly returned and delivered to the AGNONA retail store, shall be at the Customer's exclusive responsibility;
- if the product has been damaged during transit, AGNONA shall inform Customer thereof in order to enable the latter to promptly send the relevant complaint to the courier and claim a refund; the product will be made available to Customer and the withdrawal notice will be cancelled;
- AGNONA accepts no responsibility for products damaged, stolen or lost while in transit, or, in any case, in relation to their shipping.
5.6 AGNONA shall refund to Customer the whole amount already paid by the latter, including standard shipping costs that the same may have incurred in relation to the returned products (exclusive of any additional cost incurred as a result of a different and/or quicker typology of shipping and delivery) within 14 (fourteen) days from the date of the withdrawal. Unless otherwise agreed by the parties, the amount initially charged to Customer will be written-off using the same means of payment used by Customer in the initial transaction. In any case, no amount shall be charged to Customer in relation to the refund. AGNONA may withhold the refund until the returned product is properly received by AGNONA or until Customer demonstrates that the product has been correctly returned, whichever is earlier.
5.7 Once the products are received, AGNONA will check them in order to verify that they are consistent with the terms and conditions set forth in this clause and, should the results of such verification be negative, it shall inform Customer by email that the value of the returned products is reduced due to Customer’s failure to comply with the conditions mentioned above. By the same mail, AGNONA shall also notify the amount that it will deduct from the amount to be refunded, unless Customer elects to have, at its own expense, the products sent back to him/her in the same conditions in which they were returned to AGNONA.
5.8 In the event that the right of withdrawal is forfeited, AGNONA shall send back to Customer the purchased product, charging the latter with the relevant shipping costs and, if already refunded, the price of the product.
6.1 All products sold by AGNONA are covered by a 24 (twenty-four) month guarantee for lack of conformity.
Claims and queries
7.1 Any claim or query can be sent to AGNONA at the following Customer Care addresses
Applicable Law and Dispute Resolution
9.1 The sale agreement under these Conditions and its performance are governed by Italian Law, without giving effect to the conflicts of law provisions thereof or the United Nations Convention on Contracts for the International Sale of Goods. Any dispute that may arise out of or in relation to the agreement shall be submitted to the competent court of the place where Customer resides.
9.2 Please note that also the European Commission manages an Online Dispute Resolution website http://ec.europa.eu/odr/ dedicated to helping consumers and traders resolve their disputes out-of-court, including cross-border disputes.