Updated on April 2021
CONDITIONS OF SALE
Website publication and entry into force on January 1st, 2020
1. Subject
1.1. These general terms and conditions of sale (hereinafter also the “Conditions”) shall apply to the purchase of “Giuliva Heritage” brand products (hereinafter the “Products” or individually the “Product”) via the e-commerce website exclusively sold to users falling within the definition of “consumers” pursuant to article 3 of the Legislative Decree No. 206 of 6th September 2005 – Consumer Code as specified herein.
1.2. The parties involved in the purchase of Products via website are Lady Giuliva S.r.l. a company incorporated under the Italian law, with registered office in Rome, via di Monserrato 152, VAT no. 14166461005 and registration number with the Companies’ Register of Rome No. 1501536 (hereafter “Giuliva Heritage” or the “Seller”) and the party purchasing one or more Products for reasons other than in relation to the profession, business, trade or craft conducted by that party, as buyer (hereafter the “Client”) (Seller and Client each also referred to as “Party”, collectively as the “Parties”) The purchase order processing activities, except the delivery of the Products, shall be managed directly by Giuliva Heritage.
1.3. Giuliva Heritage holds all rights to the website giulivaheritage.com (hereinafter the “Website”) domain name, the logos, the registered trademarks relating to the Products available on the website and is holder of all copyrights relating to the website and its contents.
1.4. Any communication by the Client in connection with and/or in relation to the purchase of the Products, including any notifications, claims or requests concerning the purchase and/or delivery of the Products, in accordance with the procedure set forth herein, shall be sent to Giuliva Heritage to the following e-mail address:
1.5. All purchases are regulated by these Conditions published on the Website at the time the order is submitted by the Client.
1.6. Giuliva Heritage through the Website deals in retail sales and as such is designed for the exclusive use by Clients only. It follows that only Clients are permitted to submit orders via the Website. Should one or more sales be made to a buyer who does not qualify as a Client (according to the definition provided at clause 1.1. above), these Conditions shall be applicable but, in derogation of what foreseen by the same:
a) the withdrawal right referred to in article 9 shall not apply to the buyer;
b) the Product warranty referred to in article 8 shall not apply to the buyer;
c) no other provisions foreseen for the benefit of the Client which reflect or comply with binding provisions of law shall apply to the buyer;
d) the sales contract entered into by the Seller and the buyer shall be governed by Italian law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods – Vienna Convention 1980.
1.7. On submitting the order, the Client agrees that the confirmation of the order information and these Conditions shall be sent by e-mail to the address provided by the same during the Website registration or purchase process.
1.8. Clients must be aged 18 or over in order to make purchases on the Website and have legal capacity; the Client herby declares compliance with such requirements.
2. Product features and availability.
2.1. Products are sold by the Seller with the features described on the Website and in accordance with these Conditions published on the Website at the time of the order, excluding all other terms or conditions.
2.2. The Seller holds the right to amend these Conditions of sale at any time, at his own discretion, without being liable to provide any notice to any Website user. Any amendments shall come into force from the date on which they are published on the Website, and will only apply to sales concluded from that date onwards.
2.3. Any prices and/or Products sold on the Website and/or the characteristics of the same, may be subject to change without notice. Such changes are only applicable to orders which have not been confirmed before the date such changes come into effect. In any case, The Client is therefore advised to check the final prices before submitting the purchase order, pursuant to article 3 below.
3. Product purchase procedure – Conclusion and effectiveness of the contract
3.1. The purchase order submitted by the Client to the Seller via Website shall be a valid contractual offer and is subject to these General Terms and Conditions of sale, which constitute an integral and substantial part of said order; by placing an order with the Seller, the Client undertakes to unconditionally accept the same. Before proceeding with the Products purchase by sending the purchase order, Client will be asked to read these General terms and Conditions of sale carefully, further to the notice concerning withdrawal rights, to print off a copy of the same by clicking on the ‘print’ button and to save or keep a copy of the same for their own records. Client will also be asked to check and correct any error in his personal data.
3.2. The Client’s purchase order is accepted by the Seller, and the contract shall be binding and effective between the Parties, by sending an e-mail to the Client confirming the order, to the address provided to the Seller during the order process. The order confirmation e-mail will include a link to these Conditions, a summary of the order placed, including a detailed list of the prices, shipping costs and applicable duties, along with a description of Product features.
4. Product selection and purchasing procedure
4.1. The Products displayed on the Website can be purchased only by selecting the corresponding Product picture and adding it to Client’s virtual shopping bag. Once the selection is complete, in order to purchase the Products selected and added to the virtual shopping bag, the Client will be asked to provide his details so that the order can be completed. The Client will be asked to confirm the details as well as the delivery address, the billing address and, on an optional basis, a telephone number on which the Client can be reached in relation to the purchase made. Subsequently, will be shown a summary of the order to be processed, and the Client will be required to carefully read and expressly approve these Conditions by ticking the related check box and, finally, confirm the order by pressing the “Place Order” button; this action will send the order to the Seller. The Client will also be requested to select a payment method from those available. Whether the Client selects the immediate payment by credit card, Pay Pal, real-time bank transfer or M.O.T.O. (Mail Order Telephone Order at +390688373572) he will be promptly asked to provide the relevant data via secure socket connection. The Seller reserves the right to check the personal details provided by the Client for accounting and administration purposes. For payments by credit card, the purchase price will only be charged to the Client when the Seller sends the order confirmation by e-mail
5. Delivery and acceptance of goods
5.1. The Products purchased shall be delivered to the address indicated on the order by the Client within 10 working days as from Giuliva Heritage has accepted the order through the confirmation e-mail, at the cost specifically indicated on the Website before placing the Order.
Pre-orders shall be sent to the Client within three weeks from the confirmation e-mail.
In the event that the Client, once notified of the delivery, decides to change the address communicated to Giuliva Heritage at the time of the order, he shall bear the cost of this change which will be paid directly to the courier and calculated by this latter.
The lead times for delivery indicated above are merely indicative and a delay to the same, or any delivery made with subsequent split consignments shall not entitle the Client to refuse the delivery or request compensation or indemnity.
At the time of delivery, the Client shall be required to check:
– that the number of packages delivered corresponds to the number shown on the delivery note;
– that the packaging is intact, not damaged, or wet or spoiled, including with reference to the materials used for sealing (adhesive tape or metallic strapping).
Any damage to the packaging and/or to the product or any lack of correspondence in the number of packages or the details, must be notified immediately by indicating the nature of the problem on the delivery note for the product, which shall be returned to the carrier.
Any problems with reference to the physical integrity, correspondence or completeness of the goods received must be notified within 7 days of delivery, in accordance with the methods set out in this document.
5.2 Whether the order cannot be processed by the Seller, as the Product ordered by the Client is not available, even temporarily, for delivery, the Seller shall notify the Client in writing and refund the amount already paid. If the Client has selected the bank transfer payment method, the delivery term will become effective from the day the Seller receives the payment
6. Prices, shipping costs, customs duties and taxes
6.1. The price of the Products on sale is that indicated on the Website at the time the order is placed by the Client. Product prices shown on the Website are inclusive of the costs of standard packaging, VAT (where applicable) and any indirect duties (where applicable), and are exclusive of shipping costs, which will be calculated before the order placed with the Seller by the Client is confirmed through the confirmation e-mail sent by the Seller, and which the Client agrees to pay to the Seller in addition to the price shown on the Website.
6.2. The total price payable to the Seller will be indicated in the order and also indicated on the order confirmation sent via e-mail by the Seller to the Client.
6.3. Whether the Products are to be delivered to a country outside the European Union, United Kingdom included, the Incoterm DDP (Delivery Duty Paid) shall be applied. According to DDP Incoterm the Client shall pre-pay any customs duty at the time of Products purchase. In this regard, the total price stated in the order and order confirmation, including indirect taxes, will include any customs duties and any other taxes which the Client hereby agrees to pay for, as required by laws in force in the country to which the Product will be delivered. Furthermore, according to the international custom legislation, from the moment in which the customs notice the Client of Products arrival, for each day in which the Products remain at custom following the day of notice, a daily storage fee will be calculated and will therefore added to the amount paid by the Client at the time of checkout.
Any customs duty paid to Giuliva Heritage at the moment of purchase is not refundable also in case of returned goods for any reason whatsoever.
For further information on any duties or taxes applicable in his country of residence or destination of the Products, the Client is invited to check with the relevant authorities in his country of residence or destination of Products.
6.4. All additional costs, charges, taxes and/or duties payable in any given country, under whatever title, to the Products ordered under these Conditions are the exclusive responsibility and shall be borne by the Client.
6.5. The Client hereby declares that where, at the time the order is placed with the Seller, the former is unaware of the costs, charges, taxes and/or duties referred to in paragraphs 6.3. and 6.4. above, this shall not constitute grounds for termination of this contract and shall under no circumstances be charged to the Seller.
7. Payments
7.1. The Client expressly agrees that execution of the contract by the Seller will commence the moment the price of the purchased Product/s is credited to the Seller’s bank account.
7.2. In case a payment is by credit card, the Client will be transferred to a secure site and the credit card information will be communicated directly to Stripe Inc. with legal office in 510 Townsend Street, San Francisco CA 94013 U.S. the operator designated by the Seller to handle all such transactions. The data provided will be sent securely using SSL (Secure Socket Layer) 128 bit encrypted file transfer systems. Such data remain inaccessible even for the Seller.
7.3. Orders may be paid for by bank transfer to the Seller. In this case, shall use the “Swift” and IBAN codes indicated on the order confirmation, together with the order number.
7.4. The invoice/tax records relating to the purchase will be sent to the Client, whether foreseen by applicable laws in force, in electronic format to the e-mail address provided by the Purchaser during the registration process, if the products are to be delivered to a recipient in the Italian territory, or attached to the purchased product in paper format, in all other cases.
8. Seller’s legal warranty of conformity, reporting of non-conformities and interventions under warranty
8.1. The Seller, in accordance with European Directive 44/99/CE and Legislative Decree No. 206 of 6th September 2005 – Consumer Code, provides Clients with a legal warranty that the purchased products are free from material or manufacturing defects, and conform to the descriptions published on the Website for a period of 2 (two) years from the date on which the Products are delivered to the Client. Warranties are not applicable in case Products have been used or washed in an inappropriate manner, without following the instructions/warnings and/or the information leaflets, tags or labels provided by the Seller.
8.2. The Client is required to report any defects and non-conformities of the Products within and no later than 2 (two) months of acknowledging the same by sending an e-mail to the customer care service at the following address [email protected], clearly indicating the defect and/or non-conformity detected, along with any useful information and at least 1 (one) photograph of the Product, the order confirmation sent by the Seller and/or the receipt. Failure to do so will invalidate this warranty
8.3. After the email and related documentation has been received by the Seller, this latter shall assess the defects and non-conformity reported by the Client carrying out quality control tests in order to assess whether the Product does not in fact conform, and, shall, at its own discretion, decide whether to grant authorization for the Products to be returned. Following the aforesaid process, the Seller shall notify the Client via e-mail to the address provided by this latter while placing the order; said e-mail will include the “RMA Code” authorization to return the Products shall, under no circumstances, infer acknowledgement of the defect or non-conformity; this issue, will be assessed once the Products have been returned. The Products that the Seller has authorized to be returned shall be sent by the Client, together with a copy of the returned product authorization e-mail indicating the “RMA Code” within 30 (thirty) days from the date on which the defect or non-conformity was reported to the following address:
GIULIVA HERITAGE Via di Monserrato n.152, 00186 Roma (RM), Italy
8.4. In cases of defects and/or nonconformities, the Client shall be entitled to have the conformity of the Product reinstated with repair or replacement of the same by the Seller, or alternate remedies in the cases expressly foreseen by art. 130 of Legislative Decree no. 206/2005.
8.5. Whether the Seller undertakes to refund the Client for the price paid, the refund will take place, where possible, using the same payment method used by the Client to purchase the product, or by bank transfer.
9. Right of withdrawal
9.1. Notwithstanding the exceptions under art. 59 of the Consumer Code, the Client shall have the right to withdraw from any contract concluded pursuant to these general Conditions of sale, without incurring any penalty, within 14 (fourteen) days from (i) the day on which the Product is delivered or (ii) if several Products on one order are delivered separately, from the date the last Product was received.
9.2. To exercise a right of withdrawal, the Client shall, before the deadline indicated in paragraph 9.1 above, send an explicit declaration to Lady Giuliva s.r.l. of his intention to exercise the right of withdrawal using the withdrawal form enclosed and providing in the same e-mail, the order number.
9.3. After the procedure mentioned at paragraph 9.2 above, the Client will receive a withdrawal confirmation e-mail containing, in case the ordered Product has already been received, the RMA form to be included in the package, along with the instructions on how to return the Product, to be sent within and no later than 14 days to: GIULIVA HERITAGE via di Monserrato n. 152 00186 ROMA (RM), Italy
9.4. Whether the Client has received the Product, he is required to return it to the above indicated address without undue delay and, in any event, within 14 days from the day that notice of such withdrawal was given. The deadline shall be met in case the Client returns the Product before the period of 14 days has expired. The Client shall be responsible for the direct risks and costs of returning the Products. If the Client exercises his right of withdrawal the cost to return the goods will be borne by the Seller.
9.5 If the Client withdraws from this contract, a refund of all payments received will be carried out, without undue delay and in any event no later than 14 days from exercising the right of withdrawal. Such refunds shall be carried out using the same means of payment used by the Client for the initial transaction, unless the Client requests the refund with different means of payment, in which case the Client will be charged for any additional fees incurred as a result of the choice of such means. Giuliva Heritage may withhold the refund until the returned goods will be received.
9.6. The Client is liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are found to be damaged (for instance showing signs of wear, abrasion, nicks, scratches, deformation, etc.), not complete with all parts and accessories (including unaltered labels still attached to the product), unaccompanied by the instructions/notes/manuals supplied, the original packaging and packing and the original warranty, if any, the Client shall be deemed responsible for the decreased value of the Product, and be entitled to receive a refund equal to the residual value of the Product.
10. Intellectual Property Rights
10.1. The Client acknowledges that he or she is aware that all trademarks, names and other distinctive signs as well as any names, images, photographs, written text or graphics used on the Website or relating to the Products are and remain the exclusive property of LADY GIULIVA S.R.L. and/or its assignees, with no rights arising on the part of the Client in relation to the same as a result of access to the Website and/or purchase of the Products.
10.2. Unless prior specific consent is granted in writing by LADY GIULIVA S.R.L. Website contents cannot be reproduced in whole or modified or used for any purpose whatsoever
11. Applicable law, settlements and jurisdiction
11.1. Any sales contracts signed between the Seller and the Client under these Conditions shall be governed and construed in accordance with the Italian laws in forces and, in particular, the Consumer Code, with specific reference made to the regulations concerning distance contracts, and by Legislative Decree no. 70 dated April 9, 2003. This is without prejudice to any rights granted to Client by binding provisions in force in the Client’s country of residence.
11.2. The Client is entitled to access the European Online Dispute Resolution Platform (European ODR Platform) to resolve any disputes between the Seller and the Client. The European ODR Platform is developed and managed by the European Council implementing Directive no. 2013/11/EU and Regulation (EU) no. 524/2013, to provide out-of-court solutions that are independent, impartial, transparent, simple, efficient, fast and low-cost ways of resolving domestic and cross-border disputes which arise from online sales or service contracts between a consumer residing in the EU and a professional residing in the EU by means of the intervention by an ADR entity (Alternative Dispute Resolution) providing such services, as seen in the list provided. For further information on the European ODR Platform, or to submit a complaint and start alternative termination procedures concerning the dispute relating to this contract, please use the following link: http://ec.europa.eu/odr. The Seller’s email address to be reported to the European ODR Platform is as follows: [email protected]
11.3 If no settlement attempt is made, as under section 11.2, or the attempt is not successful, exclusive jurisdiction for all disputes shall be granted to the competent court in the Client’s place of residence or domicile address.