CONDITIONS OF SALE
Website publication and entry into force on January 1st, 2020
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 Velabro 5/A, VAT no. 14166461005 and registration number with the Companies’ Register of Rome No. 1501536 (hereafter “Giuliva” 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.
1.3. Giuliva holds all rights to the website giulivaheritagecollection.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 to the following e-mail address:
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.
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 of 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.
7.1. 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 customerservice@
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 Panisperna n. 207 c.a.p. ROMA (RM)
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 Panisperna n. 207 c.a.p. 00184 ROMA (RM)
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 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.
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: customerservice@
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.