Terms and conditions
General Information
- INTRODUCTION
This document (together with the documents mentioned therein) contains the conditions (hereinafter the “Conditions”) governing the use of this website (www.giulianomazzuoli.com) and the purchase of the items contained therein.
The provisions of the Consumer Code (Legislative Decree 206/2005) to protect the consumer apply to contracts stipulated through this website.
Please carefully read these Conditions (Terms and Conditions of Sale), the Information on Cookies (Cookie Policy) and the Information on the Protection of Personal Data (Privacy Policy) – (hereinafter jointly the “Policies of Data Protection”) before using this website. We inform you that the use of this website or the transmission of an order through it implies the acceptance of these Conditions and the Data Protection Policies so if you do not agree with all the aforementioned Conditions and the Data Protection Policies, please do not use this website.
For any request, clarification or question relating to the Conditions and Data Protection Policies, you can contact us by email at the address indicated below.
- OUR DATA
The sale of products through this website is managed by Giuliano Mazzuoli srl with registered office in Via Leonardo da Vinci, 118/3 – 17, Barberino Tavarnelle (FI) – Italy, VAT number IT 05411380487; N. REA FI 544813, share capital Euro 10,000.00, telephone number +39 055 8070175, e-mail address info@giulianomazzuoli.com, contact details also available in the “Contact” section (Contact Us) of this website.
- YOUR DATA AND YOUR ACCESS TO OUR WEBSITE
The information or personal data provided by the user will be processed in accordance with the provisions of the Data Protection Policies. By using this website, you authorize us to process such information and personal data and declare that all the information and/or personal data provided to us are accurate and true.
- USE OF OUR WEBSITE
By using this website and/or placing orders through it, you agree to:
(i) use the website only to carry out legally valid consultations or orders;
(ii) not to place false or fraudulent orders. If we have plausible reasons to believe that an order of this nature has been placed, we will be authorized to cancel it and notify the competent authorities;
(iii) provide us with your e-mail address, postal address and/or other contact details in a truthful and correct manner. The same holds true as per your consent to our use of this information to get in touch with you if necessary (please read the Information on the Protection of Personal Data).
If you do not provide us with all the information we need, we will not be able to process your order.
By placing an order through this website, you declare that you are over the age of 18 and have the legal right to enter into binding contracts.
- AVAILABILITY OF THE SERVICE
The items offered through this website are available for delivery all over the world.
- PROCEDURE FOR COMPLETING THE CONTRACT
The information referred to in these Conditions and the details contained on this website do not constitute an offer to the public, but a mere invitation to formulate a contractual proposal. There will be no contract between you and us in relation to any products until your order has been explicitly accepted by us. If your offer is not accepted and your account has already been charged, the amount paid will be returned to you in its entirety.
Below are the steps required to proceed with the order:
To place an order, you must follow the online purchase procedure. You will therefore have to choose the product, put it in the cart, enter your data and choose the payment method. Subsequently, you will receive an e-mail confirming the receipt of your order (the “Order Confirmation”). It is understood that this will not result in the acceptance of your order as it constitutes an offer that you make to us for the purchase of one or more products. All orders will be subject to our approval of which you will be informed by a confirmation email that the order is being shipped (the “Shipping Confirmation”). The contract for the purchase of a product between us and you (the “Contract”) will be concluded only when we receive your payment. The shipment will take place once the payment has been received (it is possible that the shipment will take a few more days if payment is made through a bank wire transfer).
Only the products indicated in the Shipping Confirmation will be the subject of the Contract. We will not be obliged to supply you with any other product that has not been ordered until it is confirmed to you in the Shipping Confirmation that such product has been shipped.
- AVAILABILITY OF PRODUCTS
All product orders are subject to their availability. In this sense, in the event of supply problems, or if there are no items in stock, we will endeavor to resolve the problem as quickly as possible. However, we reserve the right to provide you with information relating to replacement products of equal or greater quality and value which you may decide to order. If you do not wish to place an order for such replacement products, we will refund any amounts you may have already paid.
- REFUSAL TO PROCESS AN ORDER
We reserve the right to remove any product from this website at any time and/or to delete or modify any material or content therein. Although we will always do our best to process all orders, there may be exceptional circumstances that force us to refuse to process orders after sending the Order Confirmation, and we reserve the right to do so at any time.
We decline any responsibility towards you or towards third parties for the removal of any product from this website, for the deletion or modification of any material or content of the website or for the failure to process the order after sending the Order Confirmation.
- DELIVERY
Subject to the provisions of Article 7 above, and except where extraordinary circumstances occur, we undertake to do everything in our power to send the order of the product(s) indicated in the relevant Shipping Confirmation by the date indicated in the Shipping Confirmation or, if no delivery date is specified, within the estimated deadline at the time of selecting the delivery method and, in any case, within the maximum term of 30 days from the date of the Order Confirmation.
Delays may occur for various reasons such as product customization, the occurrence of unforeseen circumstances or the delivery area.
If for any reason we are unable to meet the delivery terms, we will inform you and give you the option to continue the purchase by setting a new delivery date or to cancel the order with the consequent refund of the entire amount paid.
For the purposes referred to in these Conditions, the “delivery” will be deemed to have taken place or the order “delivered” through the acquisition by you or a third party indicated by you, of the material availability or in any case of the control of the products, which will be proven by signing the receipt of the order to the agreed shipping address or the courier’s confirmation communication.
- IMPOSSIBILITY OF DELIVERY
If delivery cannot take place for reasons not attributable to us after 30 days from the date on which your order is available for delivery, we will do our best to get your order to you as soon as possible. In the event you intend to terminate the Contract, we will refund all the amounts paid by you including delivery costs without undue delay and in any case within 14 days from the date of receipt by us of the returned order.
Please note that the transport resulting from the termination of the contract may have additional costs which will be borne by you.
- TRANSFER OF RISK AND OWNERSHIP OF THE PRODUCTS
The risks relating to the products will pass on to you from the moment of their delivery to you or a third party designated by you.
- PRICE AND PAYMENT
- 12.1 Price
The price of the products will be those indicated from time to time on our website, except where there is an obvious error. While we do everything in our power to ensure that all prices appearing on the site are correct, errors may occur. If we find errors in the price of the products you have ordered, we will inform you as soon as possible and we will give you the option to reconfirm your order at the right amount or to cancel it. If we are unable to contact you, the order will be canceled and the full amount paid will be refunded.
We will not be obliged to supply you the product(s) at the lower price incorrectly indicated (even if we have already sent you the Shipping Confirmation) if the error in the price is obvious and unambiguous and therefore if it were possible for you to reasonably identify it as incorrect.
The prices indicated on the website include VAT, but exclude shipping costs, which are however explicitly indicated at the time of check out and which are therefore added to the total amount to be paid.
Prices are subject to change at any time; however (except where previously established) the possible changes will not affect orders for which we have already sent an Order Confirmation.
Once you have selected the items you intend to purchase, these items will be added to your cart and the next step will involve completing the order and paying. To this end, you must follow the purchase instructions, entering or verifying the information requested in each step of the purchase process. Furthermore, you can change the details of your order at any time of the purchase process before payment.
- 12.2 Payment
You can pay by credit card (Visa, Mastercard), by PayPal or by bank transfer. Other payment methods may be added at any time.
To reduce the risk of unauthorized access, your card details will be encrypted.
By clicking on the button with which you authorize the payment, you will confirm that the credit card is your property.
Credit cards will be subject to verification and authorization by the issuer, but if this entity does not authorize the payment, we will not be responsible for any delay or non-delivery and we will not be able to conclude any Contract with you.
- VAT (VALUE ADDED TAX)
In accordance with the legislation in force, any purchase made through the website will be subject to Value Added Tax (VAT).
- RETURNS / EXCHANGE POLICY
- 14.1 Right of withdrawal by law
Right of withdrawal
In accordance with the Consumer Code, if you are acting as a consumer, you will have the right to withdraw from the Contract within a period of 14 days without giving any reasons.
The withdrawal period referred to in the previous paragraph ends after 14 days from the day on which you, or a third party other than the carrier and designated by you acquires physical possession of the goods or in the case of multiple goods ordered through a single order and delivered separately ends after 14 days from the day on which you or a third party other than the carrier and designated by you acquires physical possession of the last good.
To exercise the right of withdrawal, you are required to inform us by sending an email to info@giulianomazzuoli.com or by writing in the appropriate contact form (“Contact Us”) of your decision to withdraw from the Contract through an explicit declaration.
To meet the withdrawal deadline, it is sufficient for you to send the communication relating to the exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from the Agreement, you will be reimbursed for all payments you have made to us. The refund will be suspended until we receive the goods and verify that the goods are not damaged. The refund will be made no later than 14 days from receipt of the product. The refunds will be made using the same payment method you used for the initial transaction or, if this is not possible, with an alternative method deemed more suitable.
Please return the goods to the head office of Giuliano Mazzuoli srl in Via Leonardo da Vinci, 118/3 – 17, Barberino Tavarnelle (FI) – Italy without undue delay and, in any case, within 5 days from the day on which you communicated your withdrawal from the Contract. The deadline is met if you send back the goods before the 5-day period has expired. The direct costs of returning the goods will be borne by you including any expenses, taxes, and/or customs duties.
You will be responsible for any damage caused to the products and for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the same.
The return must include: the leather packaging/box, the watch, paper documents (instructions, warranty …), and any accessories.
The products may in no way be used and/or worn. This is in order to avoid causing any type of breakage, as well as, but not limited to wear of the strap, stains on the strap, scratches on the case, scratches on the glass, tampering and/or loosening of the crown.
The return must be made with the packaging intact and without any scratches or breakage.
- 14.2 Common provisions
You will not be able to exercise the right of withdrawal from the Contract which has as its object the supply of one or more personalized items.
Your right of withdrawal from the Contract will be applied exclusively to those products returned in the same conditions in which you received them. No refunds will be made if the product has been used beyond simply opening it and for products that are not in the same condition in which they were delivered or if they have been damaged. We therefore invite you to take care of the products as long as they are available to you and in your possession. Please return the item using and including the original packaging, instructions and other documents, if any, that accompany the products.
After evaluating the condition of the item, we will inform you if you are entitled to a refund of the amount paid. Shipping costs will not be refunded. If the right of withdrawal is exercised within the deadline and all products delivered are returned, the refund will be made as soon as possible and in any case within 14 days from the date of receipt by us of the returned product. The refund will always be made using the payment method used to make the purchase, or, if this is not possible, with an alternative method deemed the most suitable.
You will be responsible for the costs and risks of returning the products as indicated above.
If you have any doubts or questions, you can contact us by email at info@giulianomazzuoli.com.
- 14.3 Return of defective products
In the event that you believe that at the time of delivery, as resulting from the delivery receipt, and only at the time of first opening the package, the product does not comply with the provisions of the Contract, you must immediately contact us using our contact form or by email to info@giulianomazzuoli.com indicating the information on the product as well as the resulting damage.
You will have to return the product to the head office of Giuliano Mazzuoli srl in Via Leonardo da Vinci, 118/3 – 17, Barberino Tavarnelle (FI) – Italy. We will carefully examine the returned product and notify you by e-mail within a reasonable time whether we will proceed with the refund or replacement of the product (as applicable).
In the event of a refund, the amount will be paid within 14 days of receipt of the returned product.
The amount paid for the products that will be returned due to damage or defect, if they really exist, will be refunded in full, including the costs for the return on your part. The refund will be made using the payment method used to make the purchase or, if this is not possible, with an alternative method deemed the most suitable.
All rights recognized by current legislation remain unaffected.
- LIABILITY AND DISCLAIMER
Except where otherwise provided in these Conditions, our liability for the products purchased on our website will be limited exclusively to the purchase price of the product in question.
Notwithstanding the above, our liability is neither excluded nor limited in the following cases:
- a) Damage resulting from our negligence;
- b) Cases of fraud or fraudulent activity;
- c) Any circumstance in which it is illegal or unlawful for us to exclude, limit or try to limit or exclude our liability.
Subject to the provisions of the previous paragraph and to the extent permitted by current law, and except where otherwise provided for in these Conditions, we will not accept any liability for indirect damage such as:
- the loss of profit;
- loss of business;
- loss of earnings or loss of contracts;
- loss of anticipated savings;
- data loss;
- waste of office administrative time
Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of any information transmitted or obtained through this website, unless expressly stated otherwise.
All product descriptions, information and materials appearing on the website are provided “as is” and without express or implied warranties, except those covered by the law. In this sense, if you are acting as a consumer or user, we undertake to deliver products that comply with the Contract, remaining responsible for the lack of conformity existing at the time of delivery. It is understood that the products comply with the Agreement if (i) they comply with the description provided by us and possess the qualities presented on this website, (ii) they are suitable for the use for which the products are normally intended, (iii) they show quality and characteristics which are normal in products of the same type and which can reasonably be expected. Within the limits established by the law, we exclude all guarantees except for those that cannot be legitimately excluded from consumers and users.
Our products, being crafted by hand, have the natural characteristics of the materials used in their manufacture. Natural characteristics such as grain, surface texture, knots or color variation should not be construed as imperfections or defects. On the contrary, the lack of uniformity due to the use of natural raw materials must be expected and appreciated. We only select products of the highest quality, but this type of variation is inevitable and must be accepted as part of the characteristic appearance of the product.
These provisions do not in any way limit the rights recognized to consumers by current legislation or your rights to terminate the Contract.
- INTELLECTUAL PROPERTY
You acknowledge and agree that all copyrights, trademarks and any intellectual property rights on the materials or content presented as an integral part of the website are our property and those who have licensed us for their use. You may use such material only in the manner for which you receive express authorization from us or from those who have granted us a license for their use. This will not prevent you from using this website to the extent necessary to view our products and place an order for the products themselves.
- VIRUSES, PIRACY AND OTHER COMPUTER ATTACK RISKS
You must avoid any improper use of this site as well as avoid the introduction of viruses, trojan horses, worms, logic bombs or other programs or materials that may cause technological damage. Without authorization, you will not have access the website or the server where it is hosted or any other server, computer or database relating to our website. You undertake to not to carry out DoS attacks against this website.
Failure to comply with this clause could lead to violations defined by the relevant legislation. In case of non-compliance with the aforementioned legislation, we will inform the competent authorities with whom we will collaborate to identify those responsible for the attack perpetrated. Likewise, in the event of non-compliance with this Article, your authorization to use the website will be immediately withdrawn.
Within the maximum extent permitted by the law and in compliance with the fundamental rights of consumers, we decline all responsibility in the event of any damage or loss resulting from a DoS attack, virus or other program or material that may cause technological damage to your computer, IT equipment, data or material as a result of using our website or downloading content from it or redirecting the user to it.
- LINKS FROM OUR WEBSITE
If our site contains links to other pages or materials of third parties, these links will be provided for information only and without our control over the content or materials contained in such pages or sites. Therefore, we decline all responsibility in the event of any damage or loss resulting from their use.
- WRITTEN COMMUNICATIONS
The applicable legislation provides that part of the information or communications that we will send you are in written form. By using this website, you agree that most of the communications exchanged with us are in electronic format. We will contact you by e-mail or by providing you with information by posting appropriate notices on this website. For contractual purposes, you consent to this electronic means of communication acknowledging that all contracts, notices, information and other communications that we will provide you electronically will comply with the legal requirement that such communications be in written form. This provision does not in any way limit the rights recognized by current law.
- NOTIFICATIONS
All communications addressed to us must be sent preferably using our online contact form or by email to info@giulianomazzuoli.com. Without prejudice to what is specified in Article 19, we reserve the right to send you any communications by e-mail or by post to the address provided to us at the time of placing the order.
To prove that a communication has been served, it will be sufficient in the case of a letter, that it was correctly addressed, stamped and delivered to the postal service and, in the case of an e-mail, that it was sent to the address and email of the recipient.
- ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The Agreement between you and us is binding on both you and us as well as our respective successors and successors in title.
You are prohibited from transferring or assigning in any way the Agreement, or any of the rights or obligations arising therefrom without our prior written consent. We will have the right to transfer, assign, sub-contract or dispose freely in any way and at any time of the Contract or of any right or obligation deriving from it. For the avoidance of doubt, any transfer, assignment, subcontracting or other acts of disposition of the Contract will have no impact on the rights you are entitled to as a consumer or will cease, reduce or limit in any way any of the guarantees or liability offered by us, explicitly or implicitly.
- FORCE MAJEURE
We will not be liable in any way for breaches or delays in the performance of any of the obligations under the Agreement caused by events which are beyond our reasonable control (“Force Majeure Events”).
For Force Majeure Events we mean any act, event, non-occurrence, omission or accident beyond any reasonable control; this expression includes by way of example but not limited to what is specified below:
- Strikes, lockouts or other trade union unrest.
- Riots, uprisings, invasions, terrorist attacks or threats of terrorist attacks, wars (declared or not) or threats of war.
- Fire, explosion, storm, flood, earthquake, landslide, epidemic or other natural disasters.
- Inability to use railways, shipping, air, motor transport or other means of public or private transport.
- Inability to use public or private telecommunications networks.
- Acts, decrees, laws, regulations or restrictions of any government.
- Any strike, disaster or maritime, postal or other relevant means of transport accidents.
It is understood that the execution of the obligations under the Contract will remain suspended for the entire duration of the Force Majeure Events. We will be granted an extension for the execution of the Contract equal to the duration of this period. It is understood that despite pending Force Majeure Events, we will strive to find a solution by which to comply with our contractual obligations.
- WAIVER
If we fail during the execution of the Contract to demand the exact fulfillment of any of your obligations, or any of the obligations under these General Conditions or fail to exercise any of the rights or actions to which we are entitled pursuant to the Agreement or these General Conditions, this will not constitute a waiver of such rights or actions and will not release you from the fulfillment of the related obligations.
Our possible tolerance in the face of your non-fulfillment will not constitute any waiver to react in the face of a subsequent non-fulfillment.
No waiver on your part with respect to any of your obligations under the Contract or these General Conditions will be valid unless communicated in writing in accordance with the provisions of the previous Articles 19 and 20.
- PARTIAL NULLITY
If any article of the General Conditions or part of them or any of the provisions of the Contract, should be judged invalid, illegal or unenforceable by the competent authority, such article, clause or provision will be considered as not affixed while the other articles, clauses and provisions will remain valid to the maximum extent permitted by law.
- INTEGRITY OF THE CONTRACT
These General Conditions, as well as any document expressly referred to in them represent the entire agreement between you and us regarding the subject matter of the Agreement and supersede any previous agreement, understanding or pact between us, whether oral or written.
Both you and we acknowledge that in entering into the Agreement, neither you nor we have relied on any representation, commitment or promise made by the other party, or inferable from what was said or written during the negotiations preceding the Agreement, but only on what is expressly stated in these Conditions.
Both you and we will have the right to remedy any false statements made by the other party, either orally or in writing, prior to the date of each Agreement (unless such false statement has been made maliciously) and the only actions that the other party may undertake is only for breach of the Agreement as provided for in these Conditions.
- RIGHT TO MODIFY THESE CONDITIONS
We reserve the right to revise and change these Terms at any time.
You will be subject to the General Conditions in force at the time of the order, unless a modification of the General Conditions or the Data Protection Policies must be made by law or at the request of a government authority (in which case it will apply also for orders already sent to us).
- APPLICABLE LAW AND JURISDICTION
The use of our website and the contracts for the purchase of products through this website are governed by Italian law.
For any dispute arising from or relating to the use of the website or such contracts, the judge of the place of residence or the domicile of the consumer will be competent.
If you are entering into the Agreement as a consumer, this clause does not in any way affect the rights that the law recognized to you as a consumer.
- COMMENTS AND SUGGESTIONS
Your comments and suggestions are always welcome. Please send them through our contact form.
If you think your rights as a consumer have been infringed, you can make a formal complaint by sending an email to info@giulianomazzuoli.com in order to reach a conciliation.
If the acquisition between you and us took place online through our web page, in accordance with EU Regulation Nº 524/2013, we inform you that you have the right to request an out-of-court resolution of consumer disputes through the website https://webgate.ec.europa.eu/odr.
