Terms of Sale

THE GAME LINGERIE

These Online Conditions apply exclusively
to the remote sale via the web of the products (hereinafter "Product/s"). Fully
illustrated and described on the site:

www.thegamelingerie.com

In case of changes to the Online Conditions, you
will apply the Online Conditions published on the site to the purchase made
at the time of sending the "Order Proposal" by the purchaser of the
Products (hereinafter "Customer").

The Customer is required, before submitting the Order Proposal, to
read and accept these Online Conditions.

The forwarding of the Order Proposal implies the full
knowledge and express acceptance of both these Online Conditions and of
as indicated in the Order Proposal.

For any legal information, please consult the sections:

Privacy Policy

Terms of Use

Cookie Policy

1.1 The seller of the Products (hereinafter “Seller”) is:
TGAME.SRLS. with registered office and administrative headquarters in Italy, in Via XXIV Maggio, 241 - 19124 – La Spezia (SP)
VAT: 01570640118

These Online Conditions govern the purchase of products on www.thegamelingerie.com
(hereinafter the “Site”) and do not regulate, however, the sale of products or services by parties other than the Seller who are present on the Site via links, banners or other hypertext connections. The Seller is not responsible for the supply of goods and services by third parties.

1.3 The Customer will be identified through the data entered by the same in the Order Proposal. It is forbidden to provide false and/or invented data: the Seller is exonerated from any responsibility in this regard.

1.4 The offers of Products on the Site are aimed at adult customers. By placing an order through the Site, you guarantee that you are over 18 years of age and have the legal capacity to enter into binding contracts.

2.1 The information in these Online Conditions and the details contained on the Site do not constitute an offer to the public, but a simple invitation to formulate an Order Proposal. After sending the Order Proposal, the Customer will receive confirmation of receipt of the same via email (hereinafter “Confirmation of receipt of Order Proposal”). This email will not imply acceptance of the Order Proposal, which will be considered accepted only when the Customer receives a subsequent email confirming that the Order Proposal has been accepted and that the Products are being shipped (hereinafter “Order and Shipping Confirmation”). Consequently, no contract will exist between the Customer and the Seller until the Order Proposal is explicitly accepted by the Seller by sending the Order and Shipping Confirmation. The online purchase contract (hereinafter the “Contract”) will therefore be considered concluded only when the Customer receives the Order and Shipping Confirmation (“Contract Conclusion Date”): from this moment onwards the Order Proposal will be simply defined as the “Order”.

2.2 Before submitting the Order Proposal, the Customer will be asked to confirm that he has read and accepted these Conditions, including the clauses that determine unfavourable conditions for the Customer (for example limitations of liability, right to withdraw from the contract, derogations from the jurisdiction of the judicial authority, etc.).

2.3 The Customer will receive by email, upon conclusion of the contract, the Order and Shipping Confirmation containing a reference to these Conditions, already read and accepted by the Customer with the sending of the Order Proposal and a summary of the Order.

2.4 The Seller reserves the right, before sending the Order and Shipping Confirmation, to request further information relating to the Order Proposal via email or telephone.

2.5 The Seller may not process Order Proposals that do not provide sufficient guarantees of solvency or that are incomplete or incorrect, or in the event of unavailability of the Products. In these cases, within and no later than 30 (thirty) working days from the day on which the Customer sent the Order Proposal, we will inform the Customer via email that the contract has not been concluded and that the Order Proposal will not be followed up, specifying the reasons. In this case, any amount already committed to the chosen payment method will be released.

2.6 The Seller undertakes to deliver the ordered Products as soon as possible (taking into account the shipping method selected by the Customer) and in any case no later than 30 (thirty) days from the Contract Conclusion Date.

2.7 The Seller reserves the right to refuse Order Proposals from a Customer with whom there is an ongoing or previously occurred dispute and/or a dispute relating to a previous Order, especially if the Customer has been involved in fraudulent activities of any kind.

2.8 Although the Seller constantly adopts measures to ensure that the photographs shown on the Site are faithful reproductions of the Products, including the adoption of every possible technological solution to minimize inaccuracies, some variations are always possible due to the technical characteristics and color resolution characteristics of the computer used. Consequently, the Seller will not be responsible for any inadequacy of the graphic representations of Products shown on the Site if due to the aforementioned technical reasons, since such representations have a merely illustrative function.

3.1 The prices of the Products (hereinafter “Price/s”) and shipping costs (hereinafter “Shipping Costs”) are those indicated on the Site and at the time of transmission of the Order Proposal. The Prices and Shipping Costs are to be considered inclusive of taxes, duties and any costs related to customs duties (unless otherwise specified in the Order Proposal. In the event of exercising the right of withdrawal, the Shipping Costs that have already been paid by the Customer are excluded from the refund.

3.2 Despite every effort, it cannot be excluded that for some of the Products on the Site a price different from the actual one may be indicated by mistake. The Seller will be responsible for verifying the correctness of the Prices before sending the Order and Shipping Confirmation. If, due to technical errors, material errors or other inconveniences, the Price indicated on the Site should be lower than the correct selling price of the Product, the Customer will be contacted to verify whether he/she still wishes to purchase the Product at the correct price. If he/she does not wish to proceed with the purchase, the Order Proposal will be cancelled. If the price indicated on the Site should be higher than the correct selling price of the Product, the Order will be processed by charging only the lower price.

4.1 Payment can be made using one of the methods listed in the “Payment Methods” section on the Site.

4.2 The main credit and prepaid cards and other digital payment methods (e.g. PayPal) are accepted. Payment by credit card will be made without any additional charges. The Customer who makes the payment confirms that he/she is the holder of the credit card/payment method used. In the absence of such conditions, it will not be possible to proceed with the Order Proposal. At the time of sending the Order Proposal, only the amount will be committed: the actual debit will only take place at the time of the Order Confirmation and Shipping. In the event that it is not possible to debit the amount, the Order Proposal will be automatically cancelled. It is specified that the Seller is not able to know the full information relating to the Customer's credit card/payment account, which is managed directly by the third party who administers the payment. For this reason, the Seller will not be aware of such data, nor will it retain them and will have access only to partial information that the Customer decides to save (for example, type of card, expiration date of the card, holder), insufficient to identify the card but useful to the Customer in the event of subsequent purchases. In no case can the Seller therefore be held responsible for the fraudulent use of credit and prepaid cards by third parties.

4.3 By choosing the payment method with Cash on Delivery, the Order must be paid in cash or with a bank draft directly to the courier who will deliver the Products.

5.1 Each shipment contains: - the Products ordered and any free gifts; - the transport document; - any accompanying documentation required in the country of shipment; - any information and marketing material.

5.2 The commercial document/purchase invoice relating to the Order will be made available in the area of ​​the Site reserved for the Customer or, in the case of an unregistered Customer, on the page containing the details of the Order, in both cases following notification by email.

5.3 The Products will be delivered by the courier identified by the Seller. It will be possible at any time to consult the “Shipping” section on the Site for additional information on costs, times and shipping methods. The delivery of the Products can take place in the following ways: - delivery to the address indicated by the Customer; - delivery to an agreed collection point and collection by the Customer.

5.4 Failure to collect the Products within the above-mentioned deadline and failure to receive the Products sent to the address chosen by the Customer will result in the cancellation of the Order and the refund of the entire amount paid, which will be made using the same payment method used for the purchase.

5.5 Upon receipt of the Products, the Customer shall be responsible for verifying the integrity and presence of damage to the packaging that is immediately evident (for example: wet box, damaged box, etc.). In the event of anomalies, the Customer shall be required to report them immediately, having them noted by the courier and refusing delivery. Otherwise, the Customer shall lose the possibility of asserting his rights in this regard.

5.6 The Site is structured with features that allow the Customer to access the Site and place the Order regardless of nationality and geographical location. The Customer will have the right to receive the Products at a delivery address of his/her choice, provided that the address is located within the country of Italy.

6.1 The Customer shall have the right to withdraw from the contract concluded on the Site, without any penalty and without specifying the reason, by returning to the Seller all or part of the Products purchased. The Customer shall communicate to the Seller, in the manner indicated in paragraph 6.2, the intention to exercise the right of withdrawal within 30 days, starting from the day on which the Customer or a representative of the same (other than the courier) acquired possession of the Products. If multiple Products have been purchased with the same Order, the intention to withdraw may be communicated at different times, always within the term of 30 days. After having communicated the intention to withdraw, the Customer will have a further 14 days to return the Products in accordance with the methods indicated below.

6.2 To exercise the right of withdrawal, the Customer must return the Products to the Seller via courier. Before entrusting the Products to be returned to the courier, the Customer must write to the address from which he/she received the return confirmation and carefully follow the instructions that will be sent by email.

6.3 The right of withdrawal is subject to the following conditions: - within 14 (fourteen) days from the date on which the Customer communicated his decision to withdraw from the Contract, the Customer must: (1) send the Products duly packaged to the Seller: a) by delivering the Products to one of the agreed collection points or b) by delivering the Products to the courier chosen by the Customer; or c) by delivering the Products to the courier appointed by the Seller in the country corresponding to the Site on which the Order was placed. Returned Products purchased with the same Order may also be returned at different times, always within the term of 14 days from the date on which the Customer communicated his decision to withdraw from the Contract; - the products returned in exercising the right of withdrawal (hereinafter the “Returned Products”) must be returned in their entirety, excluding the possibility of returning only some parts or components of the same (even in the case of kits); - the Returned Products must not have been used, worn, washed, soiled or damaged and must not show signs of use; - the Returned Products must be returned packaged exactly as they were shipped, complete with all accessories and labels. For example, underwear must be returned in its original bag, the products must be returned in their packaging, complete with the relevant card and so on; - in cases where the Seller offers the possibility of purchasing certain Products by taking advantage of specific promotions, the right of withdrawal may also be exercised by returning only some of the Products on promotion: in this case, the price of the Returned Product actually paid and resulting from the commercial document/purchase invoice will be refunded, with the shipping costs charged as specified in the following point.

6.4 In the event of exercising the right of withdrawal, the Seller will refund the Customer all payments made for the purchase of the Returned Products, with the exception of the following costs which, if applicable, will remain the responsibility of the Customer: – all shipping costs in the event that products in several different sizes of the same item have been purchased with the presumable aim of trying the item in different sizes and returning the unsuitable sizes without using the Try&Buy option. - the additional shipping costs of the Order (already initially paid by the Customer at the time of purchase), if the Customer has chosen a courier and/or a delivery method other than the type of standard delivery made available by the Seller. It is specified that these additional costs will be refunded to the Customer exclusively in the event of damage to the Products due to transport, or in the event of errors in shipping by the Seller, or in the event of Products recognized as defective - any additional costs incurred for the order (for example: cash on delivery costs, cost of gift wrapping, etc.); - shipping costs resulting from the Customer's choice to use a courier and/or a delivery method other than the type of delivery provided by the Seller for the return of the Products; - shipping costs resulting from the Customer's choice to return the Products purchased in the same Order to the Seller, delivering them to the courier at different times. In this case, only the first shipment will be free (provided that it is carried out using the methods and courier provided by the Seller). The cost and organization of any shipments subsequent to the first (regardless of the courier and methods chosen by the Customer) will remain the responsibility of the Customer; - in the event that the Products are located in a country other than that of the Site on which the Order was placed, the following will remain the responsibility of the Customer: the organization and shipping costs necessary to deliver the Products directly to the Seller at the address


TGame SRLS, Via XXIV Maggio, 241 - 19124 – La Spezia (SP)


6.5 It is specified that in the event of exercising the right of withdrawal, the Customer will be required to bear the costs for returning the Returned Products to the Seller (including any customs charges, if applicable).

6.6 After exercising the right of withdrawal by making the return request in the manner provided, the Customer will receive an email confirming the insertion of the return (hereinafter “Return Insertion Confirmation”). After the Seller has verified compliance with all the methods required by paragraph 6 for exercising the right of withdrawal, the Customer will receive an email approving the return made (hereinafter “Return Approval”). The Seller will refund the Customer the sums paid for the purchase of the Returned Products no later than 14 days from the day on which the Seller was informed of the decision to exercise the right of withdrawal, provided that the Seller has already received the return of the goods or that the Customer has provided proof of having already shipped the goods and may, until then, withhold the refund. The Seller will use the same payment method used for the purchase of the Products for the refund unless the Customer has expressly agreed to receive a so-called “return receipt” from the Seller. Return Card. In the event that the Customer initially chose to pay by cash on delivery, the price paid will be refunded by bank transfer.

6.7 In the event that the right of withdrawal is exercised without respecting the methods set out in paragraph 6, the Customer will not be entitled to any refund. Within 10 days of sending the email with which the Customer will be informed of the non-acceptance of the return and the related reasons, by replying to the same email the Customer may choose to obtain, at his own expense, the Returned Products. Otherwise, the Seller may legitimately retain the Returned Products, in addition to the sums already paid for their purchase.

7.1 The Seller is responsible for any defect in the Products and for their non-conformity with the Order placed, existing at the time of delivery of the goods.

7.2 The duration of the warranty is 2 (two) years from the moment of delivery of the goods. This warranty is valid under the following conditions, unless this is in conflict with the prevailing mandatory provisions of the country of habitual residence of the Customer: a) the defect occurs within 2 (two) years from the date of delivery of the Products; b) the Customer presents the commercial document/purchase invoice.

7.3 In the event that the lack of conformity of the purchased Products has been ascertained by the Seller, the Customer will have the right to obtain without additional costs: - the replacement of the non-compliant Products with others of equivalent value (option possible only at one of the chain's sales points) or, alternatively, - the refund of the amount paid for the purchase of the Products. The refund will take place, at the Customer's choice, through the same means used by the Customer for the initial purchase.

7.4 All costs of returning products recognised as defective will be borne by the Seller.

For any information request please refer to the CONTACTS page

For more details, please refer to the updated document at the bottom of the page.

We invite you to access the Privacy Policy published on the Site to obtain all the information on how we process your personal data.

10.1 These Conditions are governed by and will be interpreted in accordance with Italian law, without prejudice to any different prevailing mandatory rule of the country of habitual residence of the Customer. Consequently, the interpretation, execution and termination of the Online Conditions are subject exclusively to Italian law (without prejudice to any different prevailing mandatory rule of the country of habitual residence of the Customer) and any disputes inherent and/or consequent to the same must be resolved exclusively by the Italian judicial authority, as better specified below. In particular, if the Customer is a Consumer, any disputes must be resolved by the court of the place of domicile or residence of the Customer in accordance with the applicable law or, at the choice of the Customer in the event of an action taken by the Customer, by the Court of Verona. If the Customer acts in the exercise of his/her entrepreneurial, commercial, artisanal or professional activity, the parties consensually establish the exclusive jurisdiction of the Court of La Spezia.

10.2 Online platform for alternative dispute resolution (ODR). Given that the Seller is always available to seek an amicable solution to disputes arising through the contacts indicated in the preceding points, we inform you that, pursuant to Article 14 of EU Regulation no. 524/2013 and the resolution on ODR pursuant to Statutory Instrument no. 500/2015 in force since 15 February 2016, an online platform for the resolution of ODR disputes (“online dispute resolution”) arising from the purchase of goods online has been established by the European Commission, accessible at the following link:

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage

Through the ODR platform, you can consult the list of ODR bodies, find the link to each of them and start an online dispute resolution procedure. More information on the platform is available at the following link: https://webgate.ec.europa.eu/odr/main/?event=main.about.show

10.3 In any case, the Customer retains the right to contact the competent ordinary judge for the dispute arising from these General Conditions of Sale, regardless of the outcome of the out-of-court settlement procedure described above, as well as the possibility, where the conditions exist, of promoting an out-of-court resolution of disputes relating to consumer relationships by resorting to the procedures set out in Part V, Title II - bis of the Consumer Code (i.e. Legislative Decree no. 206/2005).

These Offline Conditions may be modified at any time. The Customer will be asked to accept only the Online Conditions in force at the time of purchase. The new versions of the Online Conditions will be effective from the date of publication of the same on the Site and in relation to Orders submitted after that date. It will be possible to verify any previous versions of the Online Conditions in the appropriate section of the Site.

VERSION UPDATED ON 02.20.2024.