Terms of service

Art. 1. Parties and E-commerce Platform

1.1. These General Terms and Conditions of Sale (GTC) govern the distance selling of Products offered on the website braccialinipontevecchio.it (the “Site”). The Site is provided and operated by Graziella Braccialini S.p.A. (hereinafter Graziella Braccialini), and its e-commerce technical infrastructure uses the Shopify Inc. platform, located at 151 O’Connor Street Ground Floor, Ottawa ON K2P 2L8, Canada (“Shopify”). The contract is between:

Graziella Braccialini S.p.A., with registered office at Via di Casellina 61/D, 50018, Scandicci, Florence, registered in the Florence Companies Register under REA number FI-564449, VAT number 01388540518, Tax Code 01388540518, certified email (PEC) graziella.group@pec.it and email info@graziellaluxury.it (the “Seller” or “Graziella Braccialini”); and
The Customer, a natural person acting for purposes not related to his or her business or professional activity, who purchases Products on the Site (“the Buyer”).

1.2. The Buyer must read these GTC carefully before placing each order. Placing an order implies full acceptance of these GTC. The GTC are always available on the Site.

Art. 2. Object of the Contract and Products

2.1. The GTC define the terms and conditions for the purchase of jewelry and similar items (e.g., rings, earrings) (the "Products") offered by Graziella Braccialini on the Site. The sale of Products through the Site constitutes a distance contract pursuant to Articles 45 et seq. of the Consumer Code and Legislative Decree 70/2003 on e-commerce.

2.2. The main characteristics of each Product are described in the Product Sheet on the Website. The images are illustrative and may not be perfectly accurate due to differences in color or size, including those caused by the Buyer's monitor. Graziella Braccialini S.p.A. undertakes to provide accurate descriptions. In the event of discrepancies, the description in the order form received by email will prevail.

Art. 3. Mandatory information

3.1. Pursuant to and for the purposes of Legislative Decree no. 70 of 9 April 2003 on e-commerce, Graziella Braccialini S.p.A. is required to inform the Buyer that: to complete the purchase on the Website, the Buyer must select the Products, complete the electronic order form, and submit it following the instructions on the Website. Without prejudice to the right of withdrawal pursuant to the following art. 6. Before finalizing the order, the Buyer may correct any errors by following the instructions on the Site or modify the order until it is clear that the order can no longer be modified because the Product is being prepared for shipment.

3.2. The order submitted constitutes a binding purchase offer for the Buyer, which Graziella Braccialini may accept or reject.

3.3. The contract is concluded when Graziella Braccialini sends the Buyer an order confirmation via email, which includes the essential elements of the order, namely: an order summary, a description of the product(s) purchased, the order number, the total price (including VAT if applicable), shipping costs, estimated delivery times, information on the right of withdrawal, and the General Terms and Conditions. The order will be archived in Graziella Braccialini's database in accordance with the law.

3.4. Product availability is monitored and updated. If a Product is unavailable after purchase (e.g., simultaneous purchases), Graziella Braccialini S.p.A. will immediately notify the Buyer via email. The Buyer may accept an extension of the delivery time (if the Product can be restocked) or a refund of the Product's value. The Buyer must promptly communicate their choice to Customer Service. For multiple orders with partial unavailability, the same extension or refund options apply for unavailable Products. Refunds will be processed within 15 working days of placing the order.

Art. 4. Prices and Payment

4.1. Prices on the Site are in Euros and include VAT where applicable. If the customer is connecting from the United States, they will see prices exempt from VAT. N.B. - Internal note: One-stop shop mechanism for VAT upon reaching a certain amount (total turnover exceeding €10,000.00 from e-commerce in the calendar year in a given country). The price charged is the one indicated at the time of the order, without subsequent changes. Shipping costs and customs duties (if applicable) are excluded and indicated separately before confirmation.

4.2. Shipping costs are the responsibility of the Buyer. The amount varies based on the destination and is displayed before placing the order and in the order confirmation. Some areas may incur an additional cost, indicated in the Product Sheet, at the time of payment, and in the order summary.

4.3. The Buyer must pay the full price when placing the order. Payment can be made by credit card, PayPal, Shop Pay, and Google Pay, methods made available by Shopify. The Buyer authorizes Graziella Braccialini S.p.A. to charge the full amount to the payment method indicated in the account.

4.4. If Graziella Braccialini S.p.A. does not receive confirmation of payment, the order will be finalized and the Buyer will be required to place a new order. If the transaction is unsuccessful, the order will not be created. The delivery period begins on the day of payment. For PayPal payments, shipment takes place only after confirmation of successful payment. Ownership of the Products passes to the Buyer upon delivery to the carrier.

4.5. In the event of a refund, the amount will be credited to the Buyer's account. Crediting times depend on the banking system. Graziella Braccialini S.p.A. is not responsible for credit delays after a refund has been issued; for these, the Buyer must contact the payment services.

Art. 5. Delivery

5.1. Delivery takes place in Italy and abroad, to the shipping address indicated. The delivery obligation is satisfied with the transfer of physical control of the Products to the Buyer. Delivery takes place at street level, Monday to Friday during office hours (9 am - 6 pm), excluding holidays.

5.2. Delivery times are indicated during the purchase process and in the order confirmation. They begin from the order placement, unless otherwise specified. Unless otherwise specified, delivery will take place within 30 days of the contract being finalized.

5.3. Upon shipment, the Buyer will receive a confirmation email with a tracking link.

5.4. The Buyer is obligated to collect the Product. In the event of non-delivery due to absence or incorrect address, the courier will leave a notice. The Buyer must collect the package within 7 days of receiving the Delivery Notice. If uncollected, the Product will be returned to the Seller's warehouse; if already paid for, Graziella Braccialini S.p.A. will refund the Product. will refund the Total Amount Due.

5.5. The Buyer must verify the condition of the Product upon delivery. It is recommended to check the integrity of the packaging and the Products and to report any anomalies on the shipping document, accepting the goods with reservations. Acceptance without reservations limits legal action against the courier, except in cases of willful misconduct, gross negligence, or hidden defects reported within 8 days. Obvious signs of tampering or alteration must be reported to Customer Service.

5.6. If the Product is not delivered or is late, the Buyer may request Graziella Braccialini to deliver within an additional period. If the period expires without delivery, the Buyer may terminate the contract, subject to compensation. It is not necessary to grant an additional period if Graziella Braccialini S.p.A. Graziella Braccialini S.p.A. expressly refuses to deliver if the delivery deadline is essential, or if the Buyer has informed that delivery by a certain date is essential. In these "Excluded Cases," the Buyer may immediately terminate the contract. 5.7. Graziella Braccialini S.p.A. will promptly notify the courier by email of any delays in delivery, indicating the new deadline and the available remedies. The Buyer may accept the new deadline or refuse delivery and terminate the contract. Art. 6. Consumer Right of Withdrawal 6.1. The Customer who qualifies as a "Consumer" has the right to withdraw from the contract within 14 days ("Withdrawal Period"), without stating a reason and without incurring costs other than those provided for. The Withdrawal Period begins: a) from the day of physical possession of the Product for a single order; b) from the day of physical possession of the last Product for a Multiple Order with separate deliveries; or c) from the day of physical possession of the last batch or piece for Products in multiple batches or pieces.

6.2. To withdraw, the Buyer must inform Graziella Braccialini before the expiration of the Withdrawal Period. The Buyer may use the Standard Withdrawal Form available on the Website. The Buyer is asked to indicate the order number, the Product(s) being withdrawn, and their address. Proof of exercising the right of withdrawal is the Buyer's responsibility, therefore It is advisable to use a durable medium. The Standard Withdrawal Form or the Withdrawal Declaration must be sent using the appropriate form available at this link: https://www.graziellapontevecchio.it/pages/richieste-e-assistenza.

6.3. The Buyer must return the Products using a carrier of their choice and at their expense, without delay and in any case within 14 days of the notice of withdrawal. The deadline is met if the Products are shipped before the deadline. The Product, well packaged, must be sent to: Graziella Braccialini S.p.A., Via Ernesto Rossi 9, 52100, Arezzo, Italy, unless otherwise indicated by the Seller. The direct costs of return are borne by the Buyer. For goods not returnable by post, the cost and specific carrier will be indicated.

6.4. If the Buyer withdraws, Graziella Braccialini S.p.A. will refund the purchase price, including shipping costs, no later than 14 days after notification of withdrawal. The refund will be made using the same payment method used by the Buyer, unless otherwise agreed. The Buyer will not incur any costs for the refund. The refund may be suspended until receipt of the Products or proof of shipment.

6.5. The Buyer is responsible for any diminished value due to handling not necessary to establish the nature, characteristics, and functioning of the Product. The Product must be returned intact, complete, in working order, with accessories, labels, and without signs of wear or dirt. The right of withdrawal applies to the entire Product, not to parts or accessories.

6.6. If the withdrawal is not exercised correctly, the contract will not be terminated and will not give rise to any right to a refund. Graziella Braccialini S.p.A. will notify the Buyer within 5 working days, and the Product will remain available for collection at the Buyer's expense. If the Product has suffered a decrease in value, the refund amount will be reduced. In this case, Graziella Braccialini S.p.A. will inform the Buyer within 5 business days.

6.7. The Right of Withdrawal is excluded for customized or personalized Products and in the cases provided for by Article 59 of the Consumer Code. This exclusion will be indicated in the Product Sheet and during the purchase process.

Art. 7. Legal Guarantee of Conformity

7.1. All Products are covered by the legal guarantee of conformity (Articles 128-135 of the Consumer Code). This Legal Guarantee is for consumers, i.e., purchasers acting for non-professional purposes. For non-consumer purchasers, the guarantees provided by the Civil Code apply.

7.2. The Seller is responsible for defects of conformity existing at the time of delivery and manifesting within two years. The defect must be reported within two months of discovery. Defects manifesting within six months of delivery are presumed to have existed upon delivery, unless proven otherwise. After the seventh month, the burden of proof of the defect falls on the consumer. To benefit from the Legal Guarantee, the Buyer must provide proof of the date of purchase and delivery (e.g., order confirmation, invoice).

7.3. A lack of conformity occurs when the Product: a) is not suitable for normal use; b) does not conform to the description or sample provided; c) does not have the usual quality and performance; d) is not suitable for the particular use intended by the consumer and accepted by the seller. Defects due to accidental events, the Buyer's liability, or improper use are excluded.

7.4. In the event of a defect reported within the timeframe, the Buyer is entitled, first, to free repair or replacement, unless this is impossible or excessively costly. Secondly (if repair or replacement is impossible, costly, cannot be performed within a reasonable timeframe, or causes significant inconvenience), the Buyer may choose to reduce the price or terminate the contract. A remedy is excessively costly if it entails unreasonable costs for the seller compared to alternatives, considering the value of the non-defective good, the extent of the defect, and the feasibility of alternative, inconvenience-free remedies.

7.5. If a Product exhibits a possible lack of conformity during the Legal Warranty, the Buyer may contact Customer Service. Graziella Braccialini S.p.A. will respond and indicate the procedure to follow.

7.6. If the manufacturer has an Authorized Service Center (ATC), the Seller will collect and send the Product to the ATC. Graziella Braccialini S.p.A. remains responsible for the Legal Guarantee. The Technical Assistance Centre will verify the defect. If the defect exists and the Buyer has chosen repair, the Technical Assistance Centre will carry it out. If the Buyer has chosen replacement and it is not onerous or impossible, Graziella Braccialini will proceed accordingly. Repair, replacement, and transportation costs will be borne by Graziella Braccialini if the defect exists. If the ATC does not find the defect, the costs will be borne by the Buyer. Graziella Braccialini will inform the Buyer and may send the ATC a quote for the repair at the Buyer's expense. The Buyer must authorize the repair at their own expense and accept the costs in writing, establishing a direct relationship with the ATC, without liability for Graziella Braccialini S.p.A.. The repair or replacement will take place as soon as possible, and in any case within 60 days of receipt of the defective Product by the Seller. Within this period, the repaired or new Product will be delivered. If the chosen remedy is not carried out within the deadline, the Buyer may request an alternative remedy.

7.7. If there is no ATC for the Product, Graziella Braccialini S.p.A. will collect it and verify the defect. The previous provisions apply, if applicable. The Seller may ask the Buyer to attach the order confirmation or other document proving the date of purchase and delivery to the Legal Warranty request.

Art. 8. Limitations of Liability and Force Majeure

8.1. Graziella Braccialini is not liable for losses not due to breach of the GTC, loss of business opportunities, or other direct/indirect losses that are not reasonably foreseeable, if access to the Site is interrupted, there are transmission errors, or suspensions for maintenance or new features.

8.2. Graziella Braccialini is not responsible for delays or failures to fulfill orders due to unforeseeable circumstances or force majeure.

Art. 9. External Links

9.1. The Site may contain links to third-party sites. Graziella Braccialini declines all responsibility for such links and their content. Buyers who visit a linked site do so at their own risk, assuming full responsibility and taking precautions against viruses or other destructive elements.

Art. 10. Registration and Buyer Conduct

10.1. The Buyer guarantees that the personal information provided during the purchase is complete and truthful. They undertake to indemnify Graziella Braccialini for damages or penalties resulting from inaccuracies in the information provided. It is prohibited to use non-personal email addresses or other people's information to impersonate someone else or make false statements.

10.3. Account creation is restricted to individuals capable of accepting the GTC. For minors between 14 and 18, consent may be given by their parents, who undertake to monitor their activity on the Site.

10.4. It is prohibited to use the Graziella Braccialini Services: (i) to cause interruptions, damage, or malfunctions to the Services or the Site; (ii) for unlawful purposes or illegal activities; (iii) to cause disturbance, harm, or concern to third parties. Graziella Braccialini reserves the right to block access to the Site and Services or modify content in the event of violation of laws or the GTC.

Art. 11. Intellectual Property

11.1. All Content present or available through the Site (text, graphics, logos, images, audio/video files, digital downloads, data compilations, software) is the exclusive property of Graziella Braccialini S.p.A. or its suppliers and is protected by intellectual and industrial property laws.

Art. 12. Customer Service and Complaints

12.1. For information, communications, assistance, or complaints, the Buyer may contact Graziella Braccialini Customer Service ("Customer Service") using the form available at this link https://www.graziellapontevecchio.it/pages/richieste-e-assistenza or by phone at +39 351 33 09 800, available Monday to Friday, from 9:00 am to 1:00 pm and from 2:00 pm to 6:00 pm.

12.2. Graziella Braccialini will make every effort to respond to complaints within 5 business days of receipt, or in any case as quickly as possible.

Art. 13. Amendments

13.1. Graziella Braccialini may modify the Services, policies, and these Terms of Service at any time. This is to offer new Products/Services or to comply with laws and regulations.

Art. 14. Processing of Personal Data

14.1. The personal data provided during the purchase procedure are collected and processed by Graziella Braccialini, as Data Controller, in accordance with applicable data protection legislation, including Regulation (EU) 2016/679 (GDPR) and Legislative Decree 101/2018.

14.2. The processing of personal data is aimed at fulfilling the purchase contract, managing orders and payments (including through the services offered by Shopify and its payment processors), shipping and delivery of Products, managing returns and warranties, providing customer support, fulfilling legal obligations, and, subject to the Buyer's specific and optional consent, for direct marketing and profiling purposes.

14.6. For further and more detailed information on the processing of personal data and the exercise of the Buyer's rights, please consult Graziella Braccialini's Privacy Policy, available in the relevant section of the Website.

Art. 15. Applicable Law and Jurisdiction

15.1. These General Conditions of Sale and the individual purchase orders accepted are governed by Italian law.

15.2. For any dispute concerning the application, execution, interpretation, and violation of these Terms and Conditions and individual accepted purchase orders, including any action relating to contractual and non-contractual liability, the exclusive jurisdiction, pursuant to the Consumer Code, shall be the court of the municipality of residence or domicile of the Buyer (Consumer), if located in Italy.

Art. 16. Alternative Dispute Resolution (ADR/ODR)

16.1. Graziella Braccialini informs the Customer that a European platform for the online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform is accessible at the following link: https://ec.europa.eu/consumers/odr/.

16.2. Graziella Braccialini does not belong to any specific ADR (Alternative Dispute Resolution) organization, except for its willingness to individually evaluate the Customer's requests in good faith. The Customer's right to resort to mediation or conciliation procedures provided for by applicable law remains unaffected.

Art. 17. Intellectual Property (Copyright)

17.1. All Content present and/or made available on the Site, such as, but not limited to, text, graphics, logos, images, audio and/or video files, digital downloads, data collections, software, etc., is the exclusive property of Graziella Braccialini S.p.A. or its suppliers and are protected by applicable intellectual and industrial property laws.

Art. 18. Final Clauses and Amendments

18.1. Graziella Braccialini reserves the right to modify the Services, policies, and these Terms and Conditions of the Site at any time to offer new Products and/or Services or to comply with legal and regulatory provisions.

18.2. The Buyer, after having read these Terms and Conditions, declares, pursuant to and for the purposes of Article 1341 of the Italian Civil Code, to fully accept and specifically approve the clauses referred to in the articles:

18.3. The Buyer declares to have read and specifically accept, pursuant to art. 1341 of the Civil Code, the clauses of the articles: 8. Mandatory information; 11. Purchase orders; 13. Delivery; 14. Right of withdrawal; 15. Warranty and defects of conformity; 16. Applicable law and competent court.