A) INTRODUCTION
This website (www.valentinagiorgi.com) belongs to and/or is managed by or on behalf of Valentina Giorgi SRL. It sells products marketed by Valentina Giorgi SRL. For any requests regarding the Website or these terms and conditions, or in case of disputes regarding products purchased from this Website, please send an email to info@valentina-giorgi.com.
VAT No. 04333170407
Company registered in Italy
Valentina Giorgi SRL will hereinafter be referred to as “Valentina Giorgi”.
B) USING THE WEBSITE
1) These terms and conditions – together with any agreements to which they refer (including policies or documents for which a link is provided in these terms and conditions, collectively, the “Terms and Conditions”) – apply to the use of this Website by Customers. This includes all orders placed for products and/or services sold on said Website. By accessing this website, Customers accept these Terms and Conditions. Customers are invited to read these Terms and Conditions carefully and to save or print a copy for future reference. If Customers do not accept these Terms and Conditions (which may be subject to change or updated from time to time), they will not be able to place an order on this Website.
2) These Terms and Conditions do not affect the statutory rights of Customers as consumers.
3) Customers confirm that their personal data and the information they provide upon registering or placing an order on the Website are true, correct and in no way misleading. Customers also undertake to notify Valentina Giorgi’s customer service team regarding any changes.
4) Valentina Giorgi reserves the right to deny, remove or suspend Customer access to this Website (in whole or in part, permanently or temporarily) with or without notice and without accepting any responsibility in case of illegitimate or inappropriate use, including if Customers violate any of the clauses contained in these Terms and Conditions, in addition to legislative provisions and third-party rights.
5) This Website may contain links to other websites or resources (“Linked Sites”). Valentina Giorgi does not have any control over the content featured on Linked Sites. As such, Customers accept that if they choose to visit Linked Sites by clicking on links featured on this Website, Valentina Giorgi cannot be held responsible for the availability of said websites, and is in no way responsible for their content, including (by way of example) any goods or services made available on them, in addition to advertisements or other content. Valentina Giorgi is in no way responsible for the use of personal data belonging to Customers by Linked Sites. Furthermore, Valentina Giorgi is not responsible for any crimes, damages or losses caused by, or connected with, the use or reliability of Linked Sites, or the content featured on them.
C) PURCHASING PRODUCTS
1) ACCEPTING ORDERS
1.1
All information featured on this Website constitutes an invitation to place an order and not a public offering or one-way offer. Customers accept that by placing an order they are offering to purchase the products listed in the order (“Products”) pursuant to these Terms and Conditions. All orders placed by Customers are subject to acceptance by Valentina Giorgi. Valentina Giorgi reserves the right not to accept orders for any reason, at its own discretion and without taking any responsibility. By way of non-exhaustive examples, these are a few potential reasons why Valentina Giorgi might not accept an order placed by a customer or, at any rate, not supply it:
(a) the Products shown on the Website are not available, or the indicated price or description is incorrect
(b) it is not possible to obtain payment authorisation
(c) whenever it emerges from the systematic, ongoing and/or frequency of orders that these cannot be for private or personal use or when clients order quantities of a single product to be delivered to a single client or address;
(d) if delivery restrictions apply to the product.
1.2
Once an order has been received, Customers will be sent an email confirming receipt. Said email will also contain the order number, the details of the Products ordered, and information regarding the requested delivery service (“Delivery Service”). Said email constitutes confirmation that the order is being handled but does not in any way constitute its acceptance. Order acceptance and conclusion of (a) the Product sale contract between the Customer and Valentina Giorgi, in addition to (b) the Delivery Service contract between the Customer and Valentina Giorgi, will only be finalised once Valentina Giorgi has handed the Products over to the courier on behalf of the Customer as a result of the delivery contract stipulated with the courier. At this point in time, Customers will be informed that the Product(s) have been shipped via email (“Shipping Confirmation”).
1.3
When purchasing their first order, Customers will be given the option to register and to fill in a few required fields on the order form. ID codes, passwords, and other tools may be required and/or provided in order to access some specific areas of the Website (“Protected Access”). For these purposes, the protection and confidentiality of Protected Access requires Customer responsibility at all times. As such, Customers are required to follow all safety guidelines and recommendations provided, as well as to immediately inform Valentina Giorgi if they become aware of or suspect unauthorised use of their login details, or if said details could potentially be accessed by an unauthorised individual. Without prejudice to all rights and permitted solutions, Valentina Giorgi reserves the right to suspend access to the Website without accepting any responsibility, if, in its reasonable opinion, said action is necessary in order to protect the Website.
1.4
The items selected by Customers may become unselected following a prolonged period of inactivity resulting in an interrupted connection to the Website. If this occurs, Customers will need to re-select their chosen items. Please note that selecting items and adding them to your basket does not mean they are exclusively reserved. They may still be purchased by other customers.
1.5
Before submitting an order, Customers can double-check their choices and the total order amount, and rectify any data entry errors.
1.6
Customers will only be charged for the Products actually handed to the elected courier by Valentina Giorgi, in addition to the relative shipping costs.
1.7
All Products sold through the Website correspond to their description. However, some variations may occur. Said variations may depend on the production process and/or the display properties of the computer used to browse the Website. Product colours, fabrics and models displayed on the Website may be slightly different to the Products delivered to the Customer. Said differences do not constitute product defects.
2) PRICES
2.1
All Product prices listed on this Website are in euros (€) and refer only to the Products themselves. They include applicable VAT rates. They do not include courier delivery costs. Further information can be found in the “DELIVERY COSTS” section.
2.2
Valentina Giorgi undertakes to make a reasonable effort to ensure that information relating to product prices on the Website is correct. However, errors may occur and Products may be accompanied by incorrect prices. If the correct Product price is lower than the one indicated on the Website – bearing in mind that Valentina Giorgi has the right to refuse the order (as detailed in section C 1.1(a)) – the Product will be shipped at the lower price. If, on the other hand, the correct Product price is more than the one listed on the Website, Valentina Giorgi will contact the Customer to ask for the order confirmation and will let them know if the order must be cancelled. In any case, Valentina Giorgi is not obliged to sell its Products at incorrect prices.
2.3
Valentina Giorgi reserves the right to change the prices of the Products listed on its Website at any time and without notice. These changes will not be applied to Products for which Shipping Confirmation has already been sent.
2.4
It should be noted that in some countries additional customs duties apply, which must be paid to the local authorities. The payment of customs duties and import taxes is the sole responsibility of the Customer. Valentina Giorgi has no control over these additional expenses and does not know how much they could potentially amount to. To find out more, please contact your local customs office before placing an order. It is a legal requirement to comply with all applicable laws and regulations in force in the country to which Products are shipped. Valentina Giorgi will not be held responsible for violations of the law.
3) PAYMENT TERMS
3.1
The total order cost is the Product purchase price plus shipping costs. For more information, see the DELIVERY COSTS section.
3.2
For more information on the accepted payment methods and order details, please see the PURCHASE & PAYMENT section.
3.3
We accept payments in euros.
3.4
By ordering through this Website, Customers guarantee that they are using their own valid credit/debit card, and that all the information needed to make the payment is complete, correct and accurate. All credit/debit card holders are subject to validation and authorisation checks by the issuing institution. If the card issuer refuses to authorise the payment, the order will not be considered accepted. As such, Valentina Giorgi will not be held responsible for any delays or failures to deliver Products and is not required to provide reasons for refusal. Valentina Giorgi will not be held responsible for any fees applied by issuing institutions or banks responsible for processing credit/debit card payments.
4) INVOICING
If a tax invoice is issued in compliance with legislative obligations or as a result of a choice made at the discretion of Valentina Giorgi, the latter reserves the right to issue or make available invoices in electronic format.
5) DELIVERY, OWNERSHIP AND RISKS
5.1
Valentina Giorgi does not currently deliver its own Products but instead opts to use a dedicated courier service for the purpose. Upon placing an order, Customers will be offered use of the Delivery Service employed by Valentina Giorgi on the delivery address page. Orders will be sent to the delivery address provided by the Customer on the order form. Neither Valentina Giorgi nor the courier will be held responsible if the delivery address is entered incorrectly or is incomplete. It should also be noted that the courier does not deliver to PO boxes and some restrictions may apply regarding the locations to which Valentina Giorgi may deliver Products purchased on its Website. Details regarding Valentina Giorgi’s delivery locations will be provided upon specific request.
5.2
If orders are placed correctly and payments are authorised, Valentina Giorgi states that the Product should be delivered within 7 working days of receipt of the order, under normal conditions, depending on stock availability and in compliance with production times. For this purpose, a working day means any day excluding Saturdays, Sundays and public holidays. For reasons of force majeure, shipments may be delayed and some orders may only be processed once business activities fully resume and our headquarters and production workshops are allowed to reopen.
5.3
The transfer of ownership of the Products becomes final: (a) on the date Valentina Giorgi receives full payment for said Products; or, if later, (b) on the date the Products are handed to the courier for delivery to the address provided by the Customer.
5.4
When the Product is taken by the courier, all risks of damage to, or loss of, the Product become the Customer’s responsibility. However, the terms and conditions adopted by Valentina Giorgi provide some forms of protection, which remain in place until the courier delivers the goods.
5.5
Valentina Giorgi reserves the right to send Products in multiple deliveries. Each individual delivery constitutes an independent contract with Valentina Giorgi, which may authorise delivery of only some of the Products ordered.
6) ORDER CANCELLATIONS AND RETURNS
6.1
Our order cancellation and returns policy does not infringe upon the statutory rights of consumers, as provided for in the Italian Consumer Code. Once an order has been placed, it cannot be cancelled or modified, neither with respect to the Products nor the chosen payment method. Orders can only be cancelled if awaiting payment, such as in the case of a payment made by bank transfer or a pending payment by PayPal/credit card. In this case, you must send an email with your order number to info@valentinagiorgi.com. Orders received and paid for in instalments cannot be changed, neither as regards the products nor the payment method.
6.2
If a Product is returned pursuant to the Italian Consumer Code, Valentina Giorgi will issue a full refund to the Customer. In this case, the shipping costs will be charged to the Customer (if he or she has already received the Product) and the refund will only be credited once the product is received. During the Covid-19 pandemic, products can only be returned once business activities recommence and the Company headquarters are allowed to reopen.
7) RETURNS AND REFUNDS
7.1
Returns Policy Returned items must comply with the following criteria: Items must be returned intact and unused, with all original tags attached and original packaging included. Bags and accessories must be returned in their original packaging and protective bags (if applicable) and placed inside a protective outer box for shipping. Please do not damage soles or shoe boxes when trying on shoes. Please try on products carefully so that you can return them in the same condition in which they were shipped. Returns that do not meet our standards will not be accepted. For more information, please contact Customer Service for assistance.
7.2
How to return an item To return an item, send an email to spedizioni@valentinagiorgi.com stating your decision to make use of the right of return and shipping the goods within 15 days of receipt of the product.
Make sure the product is intact, has its original tags and is in its original packaging. The shipping costs are borne by the customer.
NB: the product must not have been used.
Send the package to the following address using the courier of your choice:
Valentina Giorgi s.r.l.
Via Pirano 8
61010 Tavullia (PU)
Once the package has been received, our team will assess the condition of the product and will issue a refund. A refund will be issued within five working days using the same payment method used to place the order. If the product has been paid for upon delivery, please send your bank details along with the form so that we can issue a bank transfer.
7.3
Refunds Once your return has been received and accepted, a refund will be issued within five business days of receipt of the goods at our warehouse using the original payment method and excluding shipping costs. If your return meets the eligibility criteria, we may issue a refund in the form of a voucher based on your preferences; the amount will be deducted from your total spend at checkout when purchasing your next order. Defective items We aim for all products to arrive in good condition and hope that all Customers are satisfied with their purchases. If you receive a defective or damaged product, or one that does not correspond to the description on our website, please contact our Customer Service team immediately. A team member will arrange for the product to be returned and will activate the refund process.
D) GENERAL
1) INTELLECTUAL PROPERTY
1.1
All content (including, but not limited to: logos, text, data sets, graphics, icons, images, photographs, audio clips, sounds, music and software, or any combination of them) made available on our Website (“Content”) is owned and licensed by Valentina Giorgi, and is protected by copyright laws and related international treaties. These rights are reserved to Valentina Giorgi.
1.2
The Valentina Giorgi brand, as well as all trademarks – whether figurative or not – trade names, service marks, word marks, names, illustrations, images and logos that appear on branded Products, the Website, accessories or packaging – whether registered or not (“Brands”) – are and remain the exclusive property of Valentina Giorgi and/or its licensors and are protected by the laws in force on trademarks and related international treaties. These rights are reserved to Valentina Giorgi.
1.3
All other intellectual property rights (including, without limitation, registered and unregistered designs and models, copyrights and patents) featured on the Website or connected to it, in addition to products depicted and/or available on the Website, as well as any accessories, stationery, packaging or articles connected to said Products, to the order sent by you, or to the Website (“Intellectual Property Rights”) are and remain the exclusive property of Valentina Giorgi and/or its licensors. Said Intellectual Property Rights are protected by intellectual property laws and related international treaties. These rights are reserved to Valentina Giorgi.
2) CONTENT
Valentina Giorgi does everything it can to ensure that the information published on its Website is accurate and complete. However, Valentina Giorgi cannot guarantee that the Content or any other information available on its Website is accurate and/or error-free. Valentina Giorgi cannot guarantee that the functionality of its Website or its featured Content are error-free, or that said Website, Content or the server rendering it accessible are free from viruses, harmful IT codes or other components that could potentially be harmful. Valentina Giorgi recommends that all internet users make use of antivirus software.
3) DISCLAIMER OF WARRANTIES
This section D(3) does not affect the statutory rights of Customers as consumers and, with reference to Products, does not exclude or limit Valentina Giorgi’s responsibility in the event of violation of the rights recognised by the Italian Consumer Code regarding the compliance of products with product descriptions, in addition to their quality, suitability for use, compliance with models, and remedies provided to protect consumers. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Valentina Giorgi DOES NOT ACCEPT THE APPLICABILITY OF ANY ADDITIONAL TERMS, CONDITIONS OR WARRANTIES IN RELATION TO ITS PRODUCTS AND SERVICES, WHETHER EXPRESSED OR IMPLIED, PROVIDED BY LAW OR OTHERWISE DERIVING FROM PRACTICAL HABITS OR COMMERCIAL PRACTICES.
4) LIMITATION OF LIABILITY
Nothing in these Terms and Conditions limits or excludes the responsibility of Valentina Giorgi for: (i) death or personal injury caused by negligence; (ii) malicious behaviour or gross negligence pursuant to Article 1229 of the Italian Civil Code, or (iii) any other liability that cannot be limited or excluded by law. Without prejudice to the provisions of section D(4.1) above, Valentina Giorgi cannot be held liable, by way of contractual or extra-contractual liability (such as for negligent behaviour), for facts relating to these Terms and Conditions with reference to:
(a) pecuniary damage (including any emerging damage, loss of data, profits, contracts, business or anticipated savings);
(b) loss of goodwill or reputation;
(c) consequential or indirect losses suffered by you or in relation to facts relating to these Terms and Conditions Without prejudice to the provisions of sections D(4.1) and D(4.2), the overall liability under these Terms and Conditions – whether deriving from the contract, an unlawful act (including negligence), a breach of a mandatory duty or otherwise – will in no way be greater than 100% of the price of the Product ordered from Valentina Giorgi. This section D(4) does not affect the mandatory rights of Customers as consumers.
5) DATA PROTECTION
By placing an order with Valentina Giorgi, Customers accept and express their consent to the storage and processing of their personal data by Valentina Giorgi, pursuant to our Policy on the Processing of Personal Data. Valentina Giorgi fully respects the privacy of the people who access and use its Website. Information regarding the use of cookies, the types of personal data collected, and processing and disclosure methods can be found in the Policy on the Processing of Personal Data.
6) CHANGES TO THESE TERMS
Valentina Giorgi reserves the right to make changes to these Terms and Conditions at any time after they come into effect when Customers have placed an order for the requested Products.
7) FORCE MAJEURE
Neither Valentina Giorgi nor the courier will be held responsible for any delays or omissions in responding to or fulfilling the obligations under these Terms and Conditions if the delay or omission derives from causes not attributable to Valentina Giorgi or the courier.
8) INDEPENDENCE OF CLAUSES
Each clause in these Terms and Conditions is to be interpreted separately and independently of the others. If a clause is considered to be invalid, null or otherwise ineffective, it will be considered as such independent from the others and will not affect the validity or effectiveness of the other clauses of these Terms and Conditions.
9) APPLICABLE LAW AND COMPETENT COURT
These Terms and Conditions and all sales transactions relating to this Website are subject to Italian law; any dispute will be devolved to the exclusive and binding jurisdiction of the Court of Pesaro.
10) ENTIRE AGREEMENT
These Terms and Conditions and any other document expressly referred to in them constitute the entire agreement between the Customer and Valentina Giorgi and replace any previous agreements, understandings or contracts between the parties.
11) WRITTEN INFORMATION
In accordance with the law, some information and notices from Valentina Giorgi must be in writing. For the purposes of using this Website, notices are mainly provided in electronic format. Valentina Giorgi will contact Customers by email or provide them with information by posting notices on its Website. For contractual purposes, Customers accept this electronic means of communication and are aware that all contracts, notices, information and other communications provided by Valentina Giorgi electronically meet the written form requirement.
12) NOTICES
All notices addressed to Valentina Giorgi must be sent to Valentina Giorgi Srl, Via Andrea Costa n. 63 - 47841 Cattolica (RN) or to info@valentina-giorgi.com. Valentina Giorgi may send notices to its Customers via email or through the postal service to the address provided by Customers when placing an order, or as further provided in section D(11) above. Notices will be deemed received immediately if posted on our Website, within 24 hours if sent by email, or within three days after the postage date if sent by mail. To prove that a notice has been sent, it will be sufficient to prove that the letter states a correct address, if sent by post, or that it has been printed and sent correctly; if published on this Website, notices are deemed received once published online, or once sent to the specified email address if sent via email.