General Terms and Conditions for the sale of New NEW GLOBE UTOPIA® Products
Welcome to the online store of NEW GLOBE UTOPIA®. In addition to the Website Terms of Use, Online Store Privacy Policy, and Information Notices regarding your purchase, including, our products and availability, shipping, returns policy, and other information and terms.
It is understood that by placing an order on the NEW GLOBE UTOPIA® online store (the “Store”) located at http://www.newglobeutopia.com/ (the “Website”), the customer (“Customer”) fully and unreservedly acknowledges and accepts these General Terms and Conditions of Sale, the Website Terms of Use, the Website Privacy Policy, the Online Store Privacy Policy, and Information Notices, all of which form an integral and substantial part of these General Terms and Conditions of Sale.
These General Terms and Conditions of Sale do not govern the provision of services, or the sale of products by subjects other than NEW GLOBE UTOPIA® even in cases in which they are presented on the Website via links, banners, or other hypertext links. Therefore, before placing an order and purchasing products and services from subjects other than NEW GLOBE UTOPIA®, the Customer should check the conditions of sale which apply to such transaction. In no case can NEW GLOBE UTOPIA®be held liable for the provision of services by third parties.
1. Product orders
Orders may only be placed if you are domiciled in the United States and directly by persons of legal age who are not under legal disability. By placing an order, you represent and warrant that you meet both of these requirements.
Orders may be placed in English via this Store, or from NEW GLOBE UTOPIA®. Customer Service, on Monday to Friday from 10:00 A.M. EST to 7:00 P.M. EST, excluding public holidays.
The Customer must provide NEW GLOBE UTOPIA® a valid e-mail address to which the required information, information under these General Terms and Conditions of Sale, and any information concerning the order will be sent. Each online order made by the Customer covered by these General Terms and Conditions of Sale may be for one or more products, up to a maximum of seven products per order, of which a maximum of two units per same article.
NEW GLOBE UTOPIA®. reserves the right to modify the limits for the quantity and/or types of products that may be purchased online, at any time. Further, NEW GLOBE UTOPIA®. reserves the right to not accept orders which are incomplete, or incorrect, or if products are unavailable. If NEW GLOBE UTOPIA® exercises such right, NEW GLOBE UTOPIA® will inform the Customer that NEW GLOBE UTOPIA®. has exercised such rights, providing the reasons for doing so. The Customer is responsible for selecting the articles of interest to him/her. The Customer’s shopping cart and the order summary sent to the Customer following completion of the purchase include a description of the products ordered, including measurements and sizes (where applicable), and a digital photograph allowing a sample representation of the products available on the Website.
Although NEW GLOBE UTOPIA®. takes reasonable measures to help ensure the photographs on the Store faithfully represent the original products, including technological means to reduce inaccuracies as much as possible, certain variations are possible due to the Customer’s computer’s technical characteristics and color resolution, among other things. Consequently, NEW GLOBE UTOPIA® cannot be held responsible for any inaccuracies in the graphic representation of the NEW GLOBE UTOPIA®. products displayed on the Store.
The Customer must click on the shopping cart icon to view the selected articles and the total price of the articles ordered. The Customer is asked to verify the content of the shopping cart before completing the purchase form in accordance with the instructions provided by the Store and to confirm that he/she has read and accepted these General Terms and Conditions of Sale.
2. Product prices
Product prices include standard shipping costs unless otherwise stipulated on the Store or on the order page. Product prices do not include all taxes and duties. The price of each product is displayed for the Customer prior to the completion of the order. All prices are in United States dollars.
3. Completing the order
The purchase procedure is complete once the Customer confirms the order. Upon confirmation, the order is sent directly to NEW GLOBE UTOPIA®. The Customer may correct the order before confirmation or can cancel the order before its completion by leaving the Website without having confirmed the order.
It is understood that the Customer’s order is binding once the confirmation of successful completion of the order is sent by NEW GLOBE UTOPIA® by e-mail, at the address indicated by the Customer during the order process. Such confirmation includes the number and date of purchase, the product ordered its price, the amount paid, and any right to return the product.
The Customer may access the order in the “Orders” section, which also includes a history of past orders.
The Customer may cancel the order by telephone to NEW GLOBE UTOPIA® Customer Service only before the ordered products have been shipped.
4. Payment Conditions
The Customer must make payment via one of the methods of payment indicated on the order form.
For payment, the Customer must confirm on the Website that he/she is the cardholder and that the name indicated on the credit card is his/hers; the Customer must provide the credit card number, expiry date, and security key indicated on the card. Upon completing the order, the Customer’s bank may request confirmation of the data entered and that the credit card used has not been reported lost or stolen.
For most payment methods, the total price of the order is credited immediately after checkout. For credit and debit card payments, the total price of the order is pre-authorized after checkout and credited when the order is processed. The pre-authorization may result in a “hold” on your available card funds until the fulfillment of the order. Should an order be canceled in whole or in part before shipment, you will not be charged for the price of the unshipped items: any pre-authorized amount will be released.
For pre-order items, the total amount is always credited immediately after checkout. In this case, should an order be canceled in whole or in part before shipment, any paid amount will be refunded.
The payment of products purchased on the website NEW GLOBE UTOPIA® can be paid via PayPal. Should the Customer choose PayPal as their payment method, they will be redirected to the website www.paypal.com where the payment for the products will be carried out following the procedure envisaged and regulated by PayPal and the contract terms and conditions as agreed between the user and PayPal. The data entered on the PayPal website will be handled directly by PayPal and will not be sent to or shared with NEW GLOBE UTOPIA®. NEW GLOBE UTOPIA®. therefore has no knowledge of and cannot record in any way the details of the credit card connected to the Customer’s PayPal account or any other payment instrument connected to said account.
In the event of payment via PayPal, the total amount due will be debited by PayPal from the Customer at the conclusion of the online contract. In the event of the termination of the purchase agreement and for any other type of refund, for any reason, the refund will be credited to the Customer’s PayPal account. The time required to credit the payment instrument connected to said account depends exclusively on PayPal and the banking system. Once the credit order in favor of said account has been arranged, NEW GLOBE UTOPIA® cannot be held responsible for any delays or omissions in crediting the Customer with the refund. To contest these cases the Customer must contact PayPal directly.
5. Delivery
Following order completion, the Customer will receive delivery status via email and can also contact NEW GLOBE UTOPIA® Customer Service by telephone or e-mail to request information on delivery.
Products will be delivered only to the address indicated by the Customer in the following countries: Continental US, Alaska, Hawaii, and Puerto Rico.
NEW GLOBE UTOPIA®. generally fills orders within a maximum of 30 days of the day the order has been confirmed, except where the order has been canceled.
The Customer has the following delivery options:
(i) Standard shipping with courier delivery will be generally made within 5-7 business days from when the Customer receives confirmation that the
the order has shipped;
(ii) Express shipping Service: with delivery generally within 3-5 business days from when the Customer receives confirmation that the order has
shipped.
(iii) Three-Day shipping Service: with delivery generally within 1-3 business days for orders placed before 1 PM EST. Orders placed after 1 PM EST on weekdays or over the weekend will be processed the following business day with delivery the day after.
The delivery terms are merely estimates only. NEW GLOBE UTOPIA®. kindly invites its Customers to always check when the item will arrive because the products are shipped with the required signature. Further, these estimated delivery times do not apply with respect to Pre-ordered and Personalized Products. Please see below for more details.
Standard shipping is not available for Hawaii, Alaska, or Puerto Rico. The additional costs of Express Service in option (ii) will be charged to the Customer.
All shipping costs, including additional costs charged to the Customer, are itemized in the order form at the time of purchase on the Website.
Before the products have been actually shipped, the Customer may contact Customer Service should he/she wish to change the delivery date and NEW GLOBE UTOPIA® will reasonably try to accommodate such requests. In any case, the e-mail sent by NEW GLOBE UTOPIA® to the Customer contains a tracking code and an exclusive link to track the shipment in real-time. NEW GLOBE UTOPIA®’s Customer Service can provide assistance for any delivery problems.
The Customer is responsible for the loss or damage to the products ordered, for which NEW GLOBE UTOPIA® is not responsible, beginning at the time at which the Customer or a third party designated by the Customer and different from the carrier takes delivery of the products.
Therefore, if, at the time of delivery, the exterior of the package is damaged, the Customer or other recipient, in the case of a gift, must open the package in the presence of the carrier to check the condition of the product inside.
If the product is damaged, the Customer (or recipient) must detail all observed damage on the delivery note.
Should the Customer make a claim for loss, non-compliance, or damage to the product, NEW GLOBE UTOPIA® will replace the product free of charge when available, or refund the Customer, upon express Customer request, according to the terms and conditions described below.
6. Conformity of the order
The Customer must check the products at the time of delivery, in order to ascertain that they match the articles ordered and have no manufacturer or conformity defects.
Should the delivered product not conform to the order, the Customer has the right to have the products brought into conformity at no charge, through repair or replacement, unless the requested remedy is objectively impossible or excessively costly with respect to the other.
If product repairs or replacement are not performed within a reasonable amount of time from the Customer’s request or are impossible or excessively costly, the Customer may request an appropriate price reduction or a refund of the purchase price. It is understood that the Customer loses said right if he/she does not report the conformity defect to NEW GLOBE UTOPIA® within (5) days of the date at which the latent defect was discovered.
If the order is returned and the credit card has already been debited. In the same way, if payment is made via PayPal, and the amount is debited at the time of order, the Customer will be promptly refunded via PayPal.
NEW GLOBE UTOPIA® must be notified of any Customer request for one of the remedies listed above via email. The report must be first sent via e-mail to contact@newglobeutopia.com. The guarantee procedure above for conformity defects can be applied only for defective products purchased on the Website.
7. Returns and Refunds
The Customer’s right to return must be exercised as described below.
The right of return must be exercised by the Customer within 7 (Seven) days of the date of delivery to the Customer or a third party on its behalf. To exercise the right of return, the Customer must contact Customer Service or follow the online procedure and obtain a return code. Once the Customer has obtained a return code, he/she must contact the courier to pick up and attach the printed return label on the package.
For the return to be accepted by NEW GLOBE UTOPIA®, the products must be returned within 7 days of the date on which the Customer informed NEW GLOBE UTOPIA® of his/her wish to return the purchase with the return form via the online procedure, by telephone to Customer Service, in order to obtain a return code.
The return must in all cases respect the following conditions:
1. The products must be returned in their original packaging (box, accessories, inserts, protection, leaflets, etc.).
2. The products must be accompanied by the purchase receipt.
3. Products returned by the Customer must not have been damaged, used, worn, or washed, but may be handled and inspected to determine their nature and characteristics. The soles of the shoes must be perfectly intact. NEW GLOBE UTOPIA® strongly recommends that Customers try on NEW GLOBE UTOPIA® shoes on a particularly soft and smooth surface.
4. Labels and security tags must still be attached to the products.
5. Damaged goods being returned must be in the condition in which they were received by the Customer; the Customer must not attempt to modify, handle or repair them.
NEW GLOBE UTOPIA® reserves the sole right to refuse returns of products that have been damaged, are incomplete, deteriorated, and/or soiled or in any state clearly indicating that the products have been used, or products returned after the deadline indicated above or lacking a return form.
NEW GLOBE UTOPIA® also reserves the right to demand compensation for any damage caused by the Customer’s negligent conduct or misconduct when returning products. NEW GLOBE UTOPIA® cannot be held liable for lost or stolen products beyond its control, for returns to the wrong address, or for delivery delays of returned products beyond its control, it is understood that the Customer assumes all risks of returns. The Customer is also responsible for providing proof of return.
In the event of a return, the Customer will be refunded all payments made to NEW GLOBE UTOPIA® for the returned product(s), according to the method of payment chosen for the purchase, including delivery costs (and excluding additional costs for Express shipping Service, as described above).
NEW GLOBE UTOPIA® will refund these amounts upon receipt of the returned product or when the Customer proves that he/she has correctly sent the product to NEW GLOBE UTOPIA®. Refunds are credited to the Customer’s current account linked to the credit card used by the Customer for payment, or via PayPal. Refunds are at no charge to the Customer.
8. Product authenticity and intellectual property rights
NEW GLOBE UTOPIA® guarantees the authenticity and quality of all the products sold on the Website in accordance with Website Terms of Use.
The NEW GLOBE UTOPIA® trademark, all the figurative and non-figurative marks, and in general all other marks, illustrations, images, and logos present on NEW GLOBE UTOPIA® products, accessories and/or packaging, whether registered or not, are and shall remain the exclusive property of NEW GLOBE UTOPIA®, its affiliates or its licensors. Reproduction in whole or in part, modification, or use of said trademarks, illustrations, images, and logos for any reason and on any medium is strictly forbidden without the prior express approval of NEW GLOBE UTOPIA®.
Any combination of said trademarks with other marks, symbols, logos, or any distinctive sign suitable for creating a composite logo is also forbidden.
Reproduction in whole or in part, modification or use of drawings, models, or patents which are the exclusive property of NEW GLOBE UTOPIA®, its affiliates, or its licensors. is also strictly forbidden.
9. Force majeure
Performance of services and sales of products by NEW GLOBE UTOPIA® may be suspended in the event of a force majeure event preventing or delaying its performance including but not limited to, acts of god, fires, storms, floods, accidents, explosions, epidemics, earthquakes, quarantine restrictions, civil or military authority, acts of public enemy, war, terrorism, acts of the government loss or interruption of electrical power or other public utility, freight embargoes, delays in transportation or other circumstances beyond the control of NEW GLOBE UTOPIA®.
NEW GLOBE UTOPIA® will inform the Customer of said unforeseeable events within seven days of its occurrence Should the suspension of the services last more than 15 days, the Customer may cancel the order and receive a refund of the amounts already paid.
10. Competent jurisdiction and applicable law
These General Terms and Conditions of Sale are governed by and shall be interpreted pursuant to the laws of the State of New York without regard to any choice of law rules. You agree to bring any and all claims in connection with any disputes arising out of or related to the use of the Website or these General Terms and Conditions of Sale exclusively in the Federal or State Courts located in New York County, New York and you further consent to the jurisdiction of such courts for any claims we bring against you in connection with any disputes arising out of or related to the use of the Website or these General Terms and Conditions of Sale. The Vienna Convention on the International Sale of Goods of 1980 does not apply.
Article 1: Orders and Payment
For Pre-ordered Products, the following apply:
Once the order has been sent by the Customer and confirmed by NEW GLOBE UTOPIA®, the Customer is informed via e-mail of order acceptance and subsequently of shipping of the pre-ordered products.
Article 2: Delivery of Pre-ordered Products
Pre-ordered Products may be delivered in a time slot indicated on the Website; there is no strict rule for this time slot, rather it varies according to the item. Delivery terms are merely estimates only. NEW GLOBE UTOPIA® informs the Customer of shipping by e-mail as soon as the products are available. If the Customer purchases several Pre-ordered Products with different delivery dates in the same order, they may all be shipped together at the latest delivery date, or at NEW GLOBE UTOPIA® discretion, based on availability.
Article 3: Returns and Exchanges of Personalised Products
Pre-ordered Products may be returned in compliance with the General Terms and Conditions.
( BOSTON, USA + London, UK )