GENERAL CONDITIONS OF SALE

This e-commerce website (hereinafter called ‘website’) belongs to Giulio Secco S.r.l.

These General Conditions of Sale, governing on-line purchasing of products sold by Giulio Secco S.r.l. and deemed to be an integral part of the transaction, are reserved for website Users declaring that they are of adult age under the Italian Law and intend to resort to such a service (End Customers). These General Conditions of Sale are governed by Legislative Decree dated 6 September 2005 no. 206 (Consumer Code). Giulio Secco S.r.l. complies with its obligations under Legislative Decree dated 9 April 2003 no. 70 (Execution of Directive 2000/31/EC regarding aspects of information society services on the domestic market, with special reference to e-commerce). The sale of products through this website is intended solely for the Users’ personal use, to the exclusion of any professional purposes. All texts, images and design deriving from the products and from images of the products featured on this website are protected under  Law 633/1941 and under Legislative Decree 30/2005. Their (even partial) use is prohibited.

Contract conclusions and acceptance of general conditions of sale

By filling in and submitting the purchase order form according to the following guidelines the Customer shall be deemed to acknowledge and accept these General Conditions of Sale. The Company Giulio Secco S.r.l. shall send Customer an order confirmation by e-mail within 3 working days from the receipt of the purchase order form following the conclusion of the check-out process: the contract shall be deemed accepted only after this communication has been sent. Non-receipt of this order confirmation within the time limit indicated above shall constitute the order’s cancellation. Customer shall not be entitled to any award of damages or indemnity, nor shall Giulio Secco S.r.l. be held liable, in contract and in tort, for the even partial non-acceptance of the order. By submitting an order to Giulio Secco S.r.l., Customer acknowledges and declares that s/he has read all information provided during the purchase procedure, and integrally accepts the General Conditions of Sale regarding delivery, payment, transportation and shipment expenses. Pursuant to art. 13 of Legislative Decree 70/2003, Customer will receive via e-mail the information needed to identify the Vendor (as indicated in the sales contract), and a summary of the purchase order submitted, as specified below. Customer must keep this documentation. Such documentation shall be kept by the customer. The consumer agrees and undertakes, before concluding the procedure of purchase online, to view and to accept these "General Conditions", as well as necessary step to check the specifications of the product purchased, and so as to to fully satisfy the conditions laid down in art. 52 and 53 of Legislative Decree no. 206/05. Conditions of sale may be changed at any time by Giulio Secco S.r.l. (Vendor), holding firm – as far as this contract is concerned – those published in the e-commerce area at the date of the Purchase Order submitted by Customer; as per the Laws in force, the latter will be exclusively liable for the use of this end-user-reserved area, particularly as regards the communication of incorrect or false information, or of third-party data, without express consent of interested parties; or for purchases made for non-personal purposes. The buyer is expressly prohibited from entering false or invented data during the registration procedure provided for processing orders, and is likewise expressly prohibited from making double registrations for a single person, or entering third-party data. In the interest and for the protection of all consumers, Giulio Secco S.r.l. reserves the right to take legal action against any breach or violation. By submitting an order Customer acknowledges and accepts the processing of their data within the limits set forth by the Data Protection Act and by the Giulio Secco S.r.l. Privacy Policy. Data collected and registered on this website shall constitute full evidence of transactions concluded between Customer and Giulio Secco S.r.l.. Should any dispute arise between Customer and Giulio Secco S.r.l. with regard to a transaction carried out on this website, the data registered by Giulio Secco S.r.l. will constitute full evidence of that transaction and of its content.

Purchasing instructions

Customer may buy products only as featured in the on-line catalogue and described in product information sheets at the time of submitting the order. Users may consult the pages of this website with no obligation. When wishing to enter a purchase order, Users must choose the products they are interested in and add them to their trolley. Each new product entered will be shown in a dedicated window. Users will be able to check the products chosen and to modify their order at any time by clicking on the “trolley” icon in the upper right-hand corner of each page; or resume their product selection and purchase; or conclude the selection and complete the order check-out procedure. To order selected products, Users must click on their trolley. Their order will show up on the screen.

Price

Pursuant to the Laws in force in Italy at the time of delivery, prices for Italy and for EU countries are shown in EURO, inclusive of VAT. For non-EU countries the same prices will apply, net of import duty and/or taxes. Note that prices do not include delivery costs, which are indicated separately.

Orders for non-EU Countries may be subject to import duty and/or taxes, payable once the product reaches the country of destination. For further information regarding customs policies of countries of destination, please contact the local Customs Office. Giulio Secco S.r.l. is not responsible for customs duties and/or taxes: these are always at the Customer’s expense, and are neither calculated not included in any amounts payable to Giulio Secco S.r.l. by the Customer. Giulio Secco S.r.l. reserves the right to modify the prices published on this website, at any time, without notice. Products will be sold at the price shown on the website at the time of submitting the order, irrespective of foregoing offers or of subsequent price variations, with the exclusion of any transcription errors. In the presence of an error in an item’s price, Customer will be contacted as soon as possible and granted the choice of confirming the order at the correct price or cancelling. Should Giulio Secco S.r.l. be unable to contact Customer, the order will be cancelled due to price error.

Delivery timetable 

The Giulio Secco S.r.l.'s policy is to make all objects according to customer requests, so that the item chosen hardly lies in stock. The average time to receive the ordered goods is 30 working days. Meanwhile, the customer will be informed by Giulio Secco S.r.l. about the production process.

Where implementation of the ordered items require prolonged timing related to technical and production aspects or who exceed 40 working days, Giulio Secco S.r.l. undertakes to inform the customer, who may withdraw from the purchase contract.

From the date of recession of contract, the Giulio Secco S.r.l. within 7 working days will issue a refund to the client of the full paid amount.

No responsibility can be attributed to Giulio Secco S.r.l. about the delivery time related to the shipping company, which may vary depending on the destination zone.

 No responsibility can be attributed to Giulio Secco S.r.l. for delayed or non-delivered due to force majeure or unforeseeable circumstances.

Deliveries

Giulio Secco S.r.l. products are delivered by (national or international) courier service to the delivery address indicated by Customer. Delivery of the goods requires Customer or other designated person’s presence at the address indicated in the order. Liability for lost and/or damaged products will lie with Customer  from the moment the product is handed to the courier (or carrier) for shipment. Giulio Secco S.r.l. shall not be held responsible for any loss or damage occurring after this moment. In any case the goods will be covered by insurance. Giulio Secco S.r.l. declines any responsibility in case of loss, theft, partial or total destruction of uninsured or inadequately insured goods. Upon delivery of the goods by the carrier, Customer must check: that the number of parcels delivered corresponds to that indicated on the transport document; that packaging, including sealing material, is intact, undamaged, dry, and has not been tampered with in any way. Any anomalies detected must be reported immediately, and the wording “subject to inspection” must be entered in writing in the Goods Received Note handed over by the courier. Once the courier’s document is signed, Customer will no longer be entitled to raise any objections regarding external characteristics of delivered goods. If the contents of the packages were damaged because of the transport, the customer will have 7 calendar days from the day of receipt to inform photographically and documenting via email the damage of the products to Giulio Secco S.r.l. which will open a practice for insurance reimbursement. The customer who will communicate after 7 calendar days the damages occurred or who do not will document properly as required the damages will have no right to reimbursement.

PAYMENT METHODS

Giulio Secco S.r.l. accepts payments via credit card and bank transfer.

Payment via Debit and Credit Card

Purchased goods will be charged once the order has been processed, i.e. at the end of the checkout process, when the order confirmation has been e-mailed by Giulio Secco S.r.l.. Customers who choose NEXI as their payment method will be redirected to a page of the NEXI website where they will enter their email address and password and make the payment. The Customer’s financial data will not be shared with Giulio Secco S.r.l., but will be handled directly by NEXI. In case of cancellation or of non-acceptance of the order by Giulio Secco S.r.l., the amount will be refunded via NEXI. Goods delivered, even partially, will actually be charged to Customer’s credit card once the order has been processed. Giulio Secco S.r.l. will not acquire any credit card information, nor will it use an archive for recording such data. Giulio Secco S.r.l. will not file this information in electronic form. In no case whatsoever shall Giulio Secco S.r.l. be held responsible for the fraudulent or improper use of the credit card by third parties upon payment of products purchased from this website. In case of order cancellation,  Giulio Secco S.r.l. will request the concurrent cancellation of the authorisation granted , and the release of the allocated amount. Release times depend exclusively on the banking system and the credit cards used. Once the authorisation is cancelled, in no event shall Giulio Secco S.r.l. he held  liable for any damages, whether direct or indirect, caused by delay in the release of the amount allocated by the banking system. Giulio Secco S.r.l. reserves the right, in particular cases, to ask Customer for further information or for copies of documents proving credit card ownership. Should Customer fail to provide such information and/or documentation, Giulio Secco S.r.l. reserves the right not to accept the contract, irrespective of its e-mail order confirmation.

PRODUCT INFORMATION

Products that Giulio Secco S.r.l. offers for sale are the ones shown on the site, on the date the users of the Web Site surf it, within the limits of availability. The term “available” shown under the product is indicative only, because of the possibility of multiple purchases at the same time by multiple users. However the policy of Giulio Secco S.r.l. is to customize the product with the delivery times listed in the above paragraphs. (Delivery time).

The photographs illustrating the products are not part of this contractual framework; therefore Giulio Secco S.r.l. can not be held responsible for any errors and / or discrepancies. Consequently, the Giulio Secco S.r.l. can not be held responsible for errors and / or inaccuracies in the graphic and photographic reproduction of the products on your site, because:

- Are possible differences in representation of the product due to the resolution and to the customer's computer screen type;

each product is a handmade creation and as such a single piece, then each may have no substantial variations in shape, size, color compared to what is reported in the video.

Small imperfections are considered qualities not defects.

Receipt of order and confirmation of the order 

The correct order will be confirmed by Giulio Secco S.r.l. by an email sent to the email address notified by the Customer upon ordering. The email confirmation of receipt of the reports: the identification number, the date and time of the order, an indication of the products purchased, their price, the delivery cost, the informations provided by the Customer about Billing and delivery address, and the payment method chosen by the customer. The Customer shall immediately verify the content of the communication and report immediately to Giulio Secco S.r.l. any errors or lack of informations by contacting Giulio Secco S.r.l. Customer Service by email to: customer@luxgifts.it

RETURNS AND REFUNDS

The Giulio Secco S.r.l. is the holder of the Luxury Unique Gifts brand, and is an online store that complies with the current rules and regulations regarding e-commerce.

Right of withdrawal

Right of withdrawal is subject to the following terms (Art. 67 of Consumer Code): private (non VAT-registered) Customer may exercise this right as per the applicable Laws. To do so, Customer must send an e-mail to Giulio Secco S.r.l., to the customer@luxgifts.it, within 14 working days from the goods’ delivery date. The word “RETURN” must be indicated in the subject field, and the text must include the purchase order number shown in the order confirmation e-mail and in the invoice accompanying the goods. The only costs charged to Customer will be those covering the products’ return to sender. Products must be returned in pristine conditions (free from signs of use, abrasion, laceration, scratching, deformation, etc.), complete with all their parts and accessories, on pain of the return being refused. Goods must be shipped by insured parcel, post-paid; parcels shipped COD or post-unpaid will not be accepted by Giulio Secco S.r.l.. Please note that Giulio Secco S.r.l. does not negotiate returns or reimbursements for products personalised to meet Customer’s requirements. Returns will be accepted within 3 working days from date of delivery of the parcel to our warehouse. After accepting the returned good and verifying its pristine conditions (and presence of tag and seal, where applicable), Giulio Secco S.r.l. will arrange with its bank to proceed with the reimbursement, sending Customer an e-mail confirmation. If payment was made by credit card, Giulio Secco S.r.l.‘s reference bank will settle the reimbursement within 7 working days from the date on which Giulio Secco S.r.l. receives the returned good. The time necessary for reimbursement to show up on Customer’s bank account will depend on the credit-card issuing institution. When the product ordered by the customer has been customized (markings, color, stitching, measures, etc ...) the customer is excluded from the right of withdrawal (Article 59 of the Consumer Code).

CUSTOMER CARE

Complaints

Customer complaints must be submitted to Giulio Secco S.r.l. Customer Service by email to:  customer@luxgifts.it Giulio Secco S.r.l. will not be held liable for any damages, losses or costs incurred by Customer as a result of non-execution of contract, Customer being entitled solely to the integral reimbursement of the price paid and of any accessory costs sustained.

Limitations of liability

Giulio Secco S.r.l. shall in no case be held liable for careless, unsuitable or inappropriate use of the products sold. Giulio Secco S.r.l. shall not be held liable for actions by third parties who, acting as independent partners, are involved in payment management and settlement activities, in the goods’ delivery, or in any other operation associated with the execution of contracts concluded via this website. In no case whatsoever shall Giulio Secco S.r.l. be held responsible for fraudulent or improper credit-card use by third parties upon payment of products purchased from this website. At no time during the purchase procedure shall Giulio Secco S.r.l. acquire the buyer’s credit-card data, as these will be transmitted directly to the receiving NEXI service.

Force majeure

Neither party will be held liable for the non-performance (in whole or in part) or for any delay in the performance of their obligations under this contract resulting from an event beyond their control (force majeure). Force majeure events include, but are not limited to: wars, riots, insurrections, serious internet security disturbance, technical failures, unauthorised web-server access and/or intrusion, strikes of any kind, internet or telephone service disruption. If one party believes that a force majeure event has occurred, it must inform the other party within 5 working days from the event’s occurrence or from the risk of such an event occurring. The parties agree to meet in order to determine jointly the terms and conditions for processing orders during a force majeure event. After an interruption of one (1) month due to a force majeure event, Giulio Secco S.r.l. shall be entitled to decide whether to cancel orders and, where due, to reimburse Customer.

Applicable law and jurisdiction

The sale contract between Customer and Giulio Secco S.r.l. shall be governed by the Italian Law. Any civil disputes regarding sales contracts concluded through this website between Customer (intended as a private consumer) and Giulio Secco S.r.l., shall be subject to the unchallengeable jurisdiction of the Court located in the town of residence or domicile of the Customer, wherever s/he may live on the Italian territory. All other cases shall fall within the unchallengeable jurisdiction of the Court of Venice.