Termini e Condizioni

TERMS AND CONDITIONS OF THE “ARTS & CRAFTS” WORKSHOP SERVICE

DEFINITIONS

Without prejudice to any other definitions in the Contract, capitalized terms will have the definitions below:

Consumer Code: means Italian Legislative Decree no. 206/2005 as amended.
GG: Golden Goose S.p.A., with registered office at Via Privata Ercole Marelli 10, 20139 Milan, tax code and VAT number 08347090964 – Economic and Administrative Index number MI 2019545.
Privacy Regulation: means, collectively, Regulation (UE) 2016/679 (“GDPR”), Italian Legislative Decree no. 196/2003 (the "Privacy Code") as well as any and all other measures and/or guidelines regarding the protection of personal data issued by the Italian Data Protection Authority (the "Privacy Authority") or the European Data Protection Board (the "EDPB").
User: means the Consumer, as defined by Article 3(1)(a) of the Consumer Code, who purchases and uses the Service. The User must be of legal age.
Service: the craft workshop service called “Arts & Crafts”, organized by GG and conducted by selected artisans, consisting of an experiential craft lesson at a Store or other location indicated by GG, at a predetermined date, time and place.
Store: the GG store at which the Workshop takes place.
Location: the premises associated with GG, other than the Store, at which the Workshop takes place.
Workshop: each craft workshop session purchased by the User as part of the Service, with a date, time, duration and location specified at the moment of purchase.
Platform: the dedicated GG web page hosted on the e-commerce platform, accessible from the www.goldengoose.com website, through which the User can book and purchase the Workshop.
Contract: the contract entered into between GG and the User for the provision of the Service, entirely governed by these Terms and Conditions.

SCOPE

These Terms and Conditions (“Terms”) apply to all contracts for the purchase of the Service entered into between the User and GG, whether the purchase is made on the Platform or directly at the Store.
The User is any individual who qualifies as a consumer pursuant to Article 3(1)(a) of the Italian Consumer Code, i.e. any natural person acting for purposes which are outside their trade, business, craft or profession.
Before purchasing the Workshop, the User is required to view and accept these Terms. Purchase of the Workshop constitutes the User’s full and unconditional acceptance of these Terms. The User will not be able to purchase the Workshop in the event of non-acceptance of these Terms.
GG may amend these Terms only for justified reasons (for example, regulatory updates or organizational or security-related changes), subject to reasonable prior notice and publication on the Platform and at the Store and Location. Such amendments shall not affect Workshops already purchased prior to their effective date, without prejudice to any applicable legal obligations.

SUBJECT MATTER AND DESCRIPTION OF THE SERVICE

Under these Terms, GG offers the User the opportunity to purchase the Workshop, consisting of participation in a craft Workshop as part of the “Arts & Crafts” project.
Each Workshop has predetermined characteristics, including – by way of example – date, time, duration, location, type of craft activity, and maximum number of participants, as indicated on the Platform or communicated at the Store or the Location at the time of purchase or in the stages preceding the Workshop.
The Workshop is conducted by an artisan selected and approved by GG, who operates under an independent contractual relationship with GG.
During the Workshop, the User may be provided with materials, tools and equipment necessary to carry out the craft activity, which shall remain the property of GG or the artisan unless otherwise specified.

PURCHASE OF THE SERVICE AND CONCLUSION OF THE CONTRACT

The User may purchase the Workshop as follows:

Online, via the Platform, by selecting the desired Workshop, completing the required fields with personal data (name, surname, email address, telephone number, and any additional data that may be requested), accepting these Terms by ticking the relevant checkbox, and proceeding with payment using the available payment methods.
In Store, at the Store checkout, after viewing and accepting these Terms and paying the applicable fee.

The Contract is deemed concluded at the moment GG sends the User a confirmation email to the email address provided, confirming purchase of the Workshop (“Registration Confirmation”), containing the details of the Workshop purchased (date, time, required arrival time, location, type of activity, and order number).
In the case of purchases made in Store, the Contract is deemed concluded upon completion of Workshop registration and issuance of the Registration Confirmation to the User.
The User is required to retain the Purchase Confirmation or the receipt issued by the Store for any communication with GG and in order to access the Workshop.

PRICE AND METHOD OF PAYMENT

The price of each Workshop is that indicated on the Platform or communicated at the Store at the time of purchase, expressed in euros and inclusive of VAT.
The User may pay using the payment methods indicated on the next page; these methods are constantly updated by the Company. For more information about payment methods, see the page at the following link.
Payment of the price must be made in full at the time of purchase of the Workshop, using the payment methods indicated on the Platform or accepted at the Store.
GG uses best efforts to ensure that the prices of the Workshop indicated on the Platform are accurate; however, manifest pricing errors may occur. In the event of a manifest pricing error, GG shall contact the User without delay to offer the choice between: (i) confirming the purchase at the correct price; or (ii) cancelling the order at no cost. In the event of cancellation, GG shall refund in full all amounts paid, using the same payment method used, without undue delay. If the User does not respond within 48 hours of such communication, the order shall be deemed cancelled and GG shall proceed with the refund in accordance with Article 5.6.

EXECUTION OF THE WORKSHOP AND OWNERSHIP OF WORKS CREATED DURING THE WORKSHOP

Any work created by the User during the Workshop shall remain the property of the User, without prejudice to the provisions on intellectual property set out in Article 9 and liability set out in Article 11.
GG undertakes to provide the service on the date, at the time, and at the Store or Location indicated in the Purchase Confirmation or in the receipt issued at the Store.
The User must attend the Store or Location indicated at the scheduled time, carrying the Purchase Confirmation or receipt and a valid form of identification.
The User may choose not to participate in the Workshop and obtain a refund, provided that GG is notified at least 24 hours prior to the scheduled date of the Workshop, or any alternative date agreed between the parties. If the User fails to attend the Workshop at the scheduled time and location, without having notified GG of their absence at least 24 hours in advance, the Workshop shall be deemed provided and no refund shall be due.
For justified reasons (such as organizational, logistical, safety reasons or force majeure), GG may modify the date, time, duration, location or method of delivery of the Workshop, giving prompt notice and, where possible, reasonable advance notice. In such cases, the User may: (i) accept the change; (ii) choose an alternative available date; or (iii) obtain a full refund of the price paid using the same payment method used for the purchase, without undue delay.
GG reserves the right to cancel the Workshop for force majeure, organizational reasons, safety reasons, or insufficient number of participants. In such cases, GG shall refund the User in full using the same payment method used for the purchase, without undue delay.
In the event of a justified reason (including force majeure, organizational reasons, safety reasons, or insufficient number of participants) GG may cancel the Workshop. In such case, the User may choose between: (i) rebooking to an alternative available date; or (ii) a full refund using the same payment method used for the purchase, without undue delay.

REPRESENTATIONS, OBLIGATIONS AND LIABILITY OF THE USER

The User hereby warrants and represents:

that he/she is legally able to enter into the Contract;
that he/she is of legal age;
that he/she is not affected by any physical condition or health issue that could impair safe participation in the Workshop;
that the information provided during the purchase process is true, complete and up to date.

The User undertakes to:

strictly comply with all instructions and guidelines provided by GG staff and by the artisan during the Workshop, with particular regard to safety rules;
not use any machinery, equipment, or tools present at the Store or Location other than those specifically provided for the Workshop, unless expressly authorized by GG staff;
behave in a diligent, respectful manner and in accordance with good conduct rules, refraining from any conduct that may endanger their own safety or the safety of others, or that is contrary to applicable law;
not cause any damage to the Store or Location, to materials, equipment or property owned by GG or third parties;
not use trademarks, distinctive signs, logos, designs, or other intellectual property of GG to create, promote, or market their own or third-party products or services, nor present items made during the Workshop as official GG products;
not reproduce or imitate, in whole or in part, GG products, models, or designs, including through techniques or methods learned during the Workshop;
not use techniques, methods, or content learned during the Workshop for commercial or professional purposes without prior written consent from GG;
not disclose, publish, or make available to third parties, in any form and through any medium, any content, materials, information, or know-how acquired during the Workshop, except strictly for personal and private use.

CONFIDENTIALITY

The User acknowledges that during the Workshop he/she may become aware of confidential information relating to the artisanal techniques, production processes, materials, or know-how of GG and/or its artisans. The User undertakes to keep all such information strictly confidential, not to disclose it to third parties, and not to use it for any purpose other than personal participation in the Workshop.

INTELLECTUAL PROPERTY

All intellectual property rights relating to the “Golden Goose” trademark, distinctive signs, logos, design, artisanal techniques, content, educational materials, and any other element connected to the Service and to the “Arts & Crafts” project are and shall remain the exclusive property of GG.
Purchase of the Workshop does not grant the User any rights, license or authorization in relation to GG’s intellectual property rights, other than the right to participate in the Workshop in accordance with these Terms and Conditions.

EXCLUSION OF THE RIGHT OF WITHDRAWAL

Pursuant to Article 59(1)(n) of the Italian Consumer Code, the right of withdrawal set out in Articles 52 to 58 of the Italian Consumer Code does not apply to this Contract, as it concerns the provision of a leisure service for which the Contract provides a specific date of performance.
The foregoing is without prejudice to the User’s right to obtain a full refund of the price in the cases provided for under Article 6.4 (modification of the Workshop by GG with rejection by the User) and Article 6.5 (cancellation of the Workshop by GG) of these Terms.

LIMITATION AND EXCLUSION OF LIABILITY

The User acknowledges and agrees that participation in the Workshop involves manual and craft activities which, by their nature, may entail risks such as scratches, abrasions, or other minor personal injuries or damage to clothing. The user participates in the Workshop voluntarily and knowingly assumes such risks.
Without prejudice to the following, GG shall not be liable for any damages resulting from the User’s failure to comply with safety instructions or from conduct contrary to these Terms.
The User agrees to indemnify and hold harmless GG, its directors, employees, collaborators, and agents from and against any and all damage, loss, cost, liability, claim, or expense arising from any breach of these Terms or any conduct contrary to the law or safety instructions by the User, including damage caused to third parties or to GG's property during the Workshop.
The User represents that they have no allergies, sensitivities or conditions (e.g. skin or respiratory) that would make contact with materials, dust or substances used in the Workshop inadvisable, or undertakes to disclose such conditions to GG in advance in order to allow appropriate precautions to be taken. In the absence of such disclosure, GG shall not be liable for any unforeseeable adverse reactions not attributable to GG’s negligence.
The User undertakes to: (i) wear appropriate clothing suitable for manual activity; (ii) use any personal protective equipment provided (e.g. apron/gloves/goggles) and comply with staff instructions. Except in cases of willful misconduct or gross negligence by GG, no refund shall be due for minor damage to clothing directly resulting from the nature of the activity (e.g. stains, dust, scratches). GG assumes no responsibility for any personal belongings brought to the Store or the Location; the User is liable for any loss or damage, unless caused by willful misconduct or gross negligence on the part of GG.
It is prohibited to use tools or access areas not designated for the Workshop. The User is liable for any damage to property or persons arising from unauthorized use or use contrary to instructions, without prejudice to any non-waivable consumer rights.
The Workshop may involve the supervised use of potentially hazardous tools or substances (e.g. needles/points/blades, glues/solvents). The User undertakes to use such items strictly in accordance with instructions; GG shall be liable for damages only where resulting from inadequate instruction, supervision or safety measures.
Unless otherwise specified, the items produced are created by the User under their sole operational responsibility. Any aesthetic or functional deviations from the User’s expectations resulting from the User’s own manual execution of the activity shall not constitute a breach by GG, except in the case of defective materials supplied by GG or manifestly inadequate instructions. It is also understood that GG shall not be liable for the durability, strength or suitability for use of any items created by the User, nor for their subsequent use, even where they do not meet expected characteristics. By way of example, GG shall not be liable for any damage resulting from improper use or use not consistent with the nature of the item (such as, for example, exposure of papier-mâché to water, lack of resistance to washing, or possible alterations such as fading over time).
In any case, the following are excluded from any limitation: GG's responsibility for willful misconduct or gross negligence, as well as for death or personal injury to the User. These Terms shall not affect any non-waivable rights of the User under applicable law.

PHOTO AND VIDEO RECORDINGS AND USE OF IMAGE

The User acknowledges and agrees that, during the Workshop, GG and/or third parties appointed by GG may take photos and video recordings of the Workshop, including the User’s participation.
By providing specific consent through the Platform, the User grants permission to GG and its group companies, as well as their respective successors and authorized representatives, to use, reproduce, publish, communicate to the public, distribute, store, edit, adapt, process, and combine the photo and video content created during the Workshop in which the User may appear, in any media or format, worldwide and without time limits, for promotional, commercial, corporate, editorial, institutional, marketing, PR, and internal or external communication purposes, provided that such use does not harm the User’s honor, dignity or reputation.
Any User who does not wish to consent to the use of their image may notify GG prior to the start of the Workshop. In such cases, GG will take reasonable measures to prevent the User from being identifiable in any recordings, it being understood that this may result in limitations on the User’s participation in certain phases of the Workshop.

PROCESSING OF PERSONAL DATA

As data controller pursuant to the GDPR, GG will process the personal data of the User in order to provide the Service. The legal basis for the processing therefore lies in this contractual document.
The processing will take place with primarily electronic methods. The data gathered shall be stored for the period of time strictly necessary to meet contractual obligations and for their documentation for statutory purposes.
The data may be known and processed by advisors and service providers acting as data processors.
The data shall not be transferred to non-European third countries. In any event, the User may always request specific information about the location of the data.
At any time, Users may exercise their privacy rights by contacting the Data Protection Officer ("DPO") appointed by GG at privacy@goldengoose.com. Specifically, they may request access to their data and the rectification, deletion and portability of such data. They may also object to data processing for legitimate reasons or request its restriction. It will also always be possible to make a claim to the competent Supervisory Authority (Garante per la Protezione dei Dati Personali – Italian Supervisory Authority for Personal Data Protection – www.garanteprivacy.it).
For more information on how personal data is processed, the User may refer to the Privacy Policy available at the following link.

COMMUNICATIONS AND SUPPORT

To receive assistance, make claims or request information, the User may contact GG using the following contact information:

Customer Service: [●]
E-mail: [●]
Address: [●]
Certified email: [●]

GG will process the request without undue delay.

ONLINE DISPUTE RESOLUTION

The User may avail themselves of the out-of-court dispute resolution procedures provided by Legislative Decree 130/2015 (ADR for consumers), by recourse to ADR bodies listed in the registers maintained by the competent authorities, in accordance with the relevant procedural rules.
In any case, the User may avail themselves of the out-of-court dispute resolution procedures provided by applicable law.

APPLICABLE LAW AND COMPETENT COURT

These Terms are governed in their entirety by Italian law. Any dispute arising between the Parties in connection with the validity, interpretation, performance, and termination of these Terms or each contract shall be subject to the exclusive jurisdiction of the court of the place of residence or domicile of the consumer, if located in a Member State of the European Union.

EXCLUSION OF WAIVER

GG’s failure to exercise one or more rights deriving from these Terms may not be considered a waiver to such rights nor may it prevent the subsequent exercise thereof.

MISCELLANEOUS

These Terms consist of the entirety of its component clauses and define the scope of the obligations of GG in relation to the provision of the Service. GG will not be held liable for any warranty and any condition whatsoever or other term other than those specifically referred to in these Terms to the fullest extent permitted by applicable law.
Any ineffective and/or invalid provision(s) of these Terms will not affect the validity and effectiveness of the other provisions.
These Terms are available on the Platform and in Store in Italian.