Terms of service

Art. 1. Parties and E-commerce Platform

1.1. These General Conditions of Sale (GCS) govern the distance selling of the Products offered on the website www.graziellapontevecchio.it (the “Site”). The Site is provided and managed by Graziella Braccialini S.p.A. (hereinafter Graziella Braccialini), and its technical e-commerce 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 Company Register of Florence under number REA FI-564449, VAT number 01388540518, Tax Code 01388540518, PEC graziella.group@pec.it and e-mail info@graziellaluxury.it (the “Seller” or “Graziella Braccialini”); and

• The Customer, a natural person acting for purposes not related to his entrepreneurial or professional activity, who purchases Products on the Site (“the Buyer”).

1.2. The Buyer must carefully read these CGV before each order. Sending an order implies complete acceptance of these CGV. The CGV are always available on the Site.

 

Art. 2. Subject of the Contract and Products

2.1. The GCS define the terms and conditions for the purchase of precious 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 and for the purposes of articles 45 et seq. of the Consumer Code and of Legislative Decree 70/2003 on electronic commerce.

2.2. The main characteristics of each Product are described in the Product Sheet on the Site. 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. is committed to providing accurate descriptions. In case of discrepancies, the description in the order form received via e-mail prevails.

 

Art. 3. Mandatory information

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

3.2. The order sent constitutes a purchase offer binding on the Buyer, which Graziella Braccialini may or may not accept.

3.3. The contract is concluded when Graziella Braccialini sends the Buyer an order confirmation by email which includes the essential elements of the order, namely: a summary of the order, the description of the purchased product(s), the order number, the total price (including VAT if applicable), shipping costs, estimated delivery times, information on the right of withdrawal, and the GTC. The order will be archived in the Graziella Braccialini database according to the legal terms.

3.4. The availability of the Products is monitored and updated. If a Product is not available 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 terms (if the Product can be restocked) or a refund of the value of the Product. The Buyer must promptly communicate their choice to Customer Service. For multiple orders with partial unavailability, the same extension or refund options apply to the unavailable Products. The refund will take place within 15 working days from the sending of the order.

 

Art. 4. Prices and Payment

4.1. Prices on the Site are in Euros and include VAT where applicable. The price charged is the one shown at the time of the order, with no subsequent changes. Shipping costs and customs duties (if applicable) are excluded and shown separately before confirmation.

4.2. Shipping costs are borne by the Buyer. The amount varies depending on the destination and is shown before the order is submitted and in the confirmation. Some areas may have 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 at the time the order is placed. Payment can be made via credit card, PayPal, Shop Pay, and Google Pay, methods made available by Shopify. The Buyer authorizes Graziella Braccialini S.p.A. to charge the entire 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 have to place a new order. If the transaction is not successful, the order will not be created. The delivery period starts from the day of payment. For PayPal payments, shipping takes place only after confirmation of success. 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 crediting delays after arranging the refund; 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 fulfilled with the transfer of physical control of the Products to the Buyer. Delivery takes place at street level, Monday through Friday during office hours (9-18), excluding holidays.

5.2. Delivery times are indicated during purchase and in the order confirmation. They run from the sending of the order, unless otherwise indicated. If not indicated, delivery will take place within 30 days from the conclusion of the contract.

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

5.4. Collection of the Product is an obligation of the Buyer. In the event of non-delivery due to absence or an incorrect address, the courier will leave a notice. The Buyer must collect the package within 7 days of the Delivery Notice. If not collected, the Product will return to the Seller's warehouse; if already paid, Graziella Braccialini S.p.A. will refund the Total Amount Due.

5.5. The Buyer must check the condition of the Product at the time of delivery. It is recommended to check the integrity of the packaging and the Products and to report any anomalies on the transport document, accepting with reservation. Receipt without reservations limits legal action against the courier, except in cases of fraud, 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 delayed, the Buyer may ask Graziella Braccialini to deliver within an additional period. If this period expires without delivery, the Buyer may terminate the contract, without prejudice to compensation. Granting the additional period is not necessary if Graziella Braccialini S.p.A. expressly refuses to deliver, if the delivery deadline is essential, or if the Buyer has stated that delivery by a certain date is essential. In these "Excluded Cases", the Buyer may terminate the contract immediately.

5.7. Graziella Braccialini S.p.A. will promptly notify by e-mail any delays in delivery to the courier, 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 giving any reason and with no costs other than those provided for. The Withdrawal Period starts: 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 lot or piece for Products consisting of multiple lots or pieces.

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

6.3. The Buyer must return the Products with a carrier of their choice and at their own expense, without delay and in any case within 14 days of the withdrawal notice. The deadline is met if the Products are shipped before it expires. 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. Direct return costs are borne by the Buyer. For goods that cannot be returned by post, the cost and the specific carrier will be indicated.

6.4. If the Buyer withdraws, Graziella Braccialini S.p.A. will issue the refund, including delivery costs, no later than 14 days from the notification of withdrawal. The refund will be made using the same means of payment used by the Buyer, unless otherwise agreed. The Buyer will not incur any costs for the refund. The refund may be withheld until the Products are received or proof of shipment is provided.

6.5. The Buyer is responsible for any diminished value resulting from handling beyond what is necessary to establish the nature, characteristics, and functioning of the Product. The Product must be returned intact, complete, functioning, with accessories and labels, and without signs of wear or dirt. The 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 entitle the Buyer to a refund. Graziella Braccialini S.p.A. will give notice within 5 business days, and the Product will remain available for pickup at the Buyer's expense. If the Product has decreased in value, the refund amount will be reduced accordingly. In that case, Graziella Braccialini S.p.A. will inform the Buyer within 5 business days.

6.7. The Right of Withdrawal does not apply to made-to-measure or personalized Products, or in the cases set out in art. 59 of the Consumer Code. The exclusion will be indicated on the Product Sheet and during purchase.

 

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 applies to consumers, i.e., buyers acting for non-professional purposes. For non-consumer buyers, the guarantees provided under the civil code apply.

7.2. The Seller is responsible for defects of conformity existing at the time of delivery and which appear within two years of delivery. The consumer's action to assert remedies for defects not fraudulently concealed by the Seller is time-barred twenty-six months after delivery. Unless proven otherwise, defects of conformity that appear within one year of delivery are presumed to have already existed on that date, unless this presumption is incompatible with the nature of the goods or the defect. After the first year, the consumer bears the burden of proving that the defect existed at the time of delivery. To benefit from the Legal Guarantee, the Buyer must provide proof of the purchase and delivery dates; such proof may also be provided with documents other than the order confirmation or invoice.

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

7.4. In the event of a defect reported within the terms, the Buyer is entitled, first, to free repair or replacement, unless this is impossible or too costly. Secondly (if repair or replacement is impossible, costly, cannot be carried out within a reasonable time, or causes significant inconvenience), the Buyer may choose a price reduction or termination of the contract. A remedy is excessively onerous if it entails unreasonable costs for the seller compared to alternatives, considering the value of the defect-free goods, the extent of the defect, and the feasibility of alternative remedies without inconvenience.

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

7.6. If there is an Authorized Assistance Center (CAT) of the manufacturer, the Seller will collect the Product and send it to the CAT. Graziella Braccialini S.p.A. remains responsible for the Legal Guarantee. The CAT will verify the defect. If the defect exists and the Buyer has chosen repair, the CAT 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 transport costs are borne by Graziella Braccialini if the defect exists. If the CAT does not find the defect, the costs are borne by the Buyer. Graziella Braccialini will inform the Buyer and may send a CAT estimate for the repair at the Buyer's expense. The Buyer must authorize the repair at his own expense and accept the costs in writing, establishing a direct relationship with the CAT, without liability for Graziella Braccialini S.p.A.. The repair or replacement will take place as soon as possible, and in any event within 60 days of the Seller's receipt of the defective Product. 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 CAT for the Product, Graziella Braccialini S.p.A. will collect it and verify the defect. The preceding provisions apply, where compatible. The Seller may ask the Buyer to attach to the Legal Guarantee request the order confirmation or other document proving the date of purchase and delivery.

 

Art. 8. Limits of Liability and Force Majeure

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

8.2. Graziella Braccialini is not liable for delays or failures to perform due to unforeseeable circumstances or force majeure.

 

Art. 9. External Links

9.1. The Site may contain links to third-party sites. Graziella Braccialini disclaims all liability for such links and their contents. A Buyer who visits a linked site does so at his own risk, assuming responsibility and taking precautions against viruses or other destructive elements.

 

Art. 10. Registration and Buyer Conduct

10.1. The Buyer guarantees that the personal data provided during purchase are complete and truthful. The Buyer agrees to indemnify Graziella Braccialini for any damages or penalties resulting from the inaccuracy of the data provided. It is prohibited to use emails that are not your own, or other people's data, to misappropriate an identity or make false statements.

10.3. Account creation is reserved for natural persons who are able to accept the GCS. For minors between 14 and 18 years of age, consent may be given by their parents, who agree to supervise activity on the Site.

10.4. The Graziella Braccialini Services may not be used: (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 distress to third parties. Graziella Braccialini reserves the right to block access to the Site and the Services, or to modify content, in the event of a violation of laws or the GCS.

 

Art. 11. Intellectual Property

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

 

Art. 12. Customer Service and Complaints

12.1. For information, communications, assistance, or complaints, the Buyer can contact Graziella Braccialini Customer Service (“Customer Service”) via the dedicated form available at this link https://www.graziellapontevecchio.it/pages/richieste-e-assistenza or by phone at +39 351 33 09 800, active Monday to Friday, from 9:00 to 13:00 and from 14:00 to 18:00.

12.2. Graziella Braccialini will do its utmost to respond to complaints within 5 business days of receipt, or in any case as soon as possible.

 

Art. 13. Changes

13.1. Graziella Braccialini may change the Services, the policies and these TOS 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 current legislation on the protection of personal data, including Regulation (EU) 2016/679 (GDPR) and Legislative Decree 101/2018.

14.2. The processing of personal data is aimed at the performance of the purchase contract, the management of orders and payments (also through the services offered by Shopify and its payment processors), the shipping and delivery of the Products, the management of returns and warranties, customer assistance, the fulfillment of legal obligations, as well as, subject to the specific and optional consent of the Buyer, 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 the Privacy Policy of Graziella Braccialini, available in the appropriate section of the Site.

 

Art. 15. Applicable Law and Competent Court

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

15.2. For any dispute concerning the application, execution, interpretation and violation of these Terms and Conditions and of the individual accepted purchase orders, including any action relating to contractual and non-contractual liability, the competent court pursuant to the Consumer Code is exclusively the court of the Municipality of residence or domicile of the Buyer (Consumer), if located in Italian territory.

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

16.1. The European platform for online dispute resolution (ODR), provided for by Regulation (EU) no. 524/2013, was decommissioned on 20 July 2025. For information on alternative dispute resolution bodies in the European Union, the Customer can consult the European Commission's official Consumer Redress portal: https://consumer-redress.ec.europa.eu/dispute-resolution-bodies.

16.2. Graziella Braccialini does not adhere to any specific ADR (Alternative Dispute Resolution) body, without prejudice to its willingness to individually evaluate the Customer's requests in good faith. The Customer's right to resort to the mediation or conciliation procedures provided for by current legislation remains unaffected.

 

Art. 17. Intellectual Property (Copyright)

17.1. All Content present and/or made available on the Site, such as, by way of example and without limitation, text, graphics, logos, images, audio files and/or video files, digital downloads, data collections, software, etc., is the exclusive property of Graziella Braccialini S.p.A. or its suppliers and is protected by the applicable intellectual and industrial property legislation.

 

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 in order to offer new Products and/or Services or to comply with legal and regulatory provisions.

18.2. The Buyer, having read these Terms and Conditions, declares pursuant to and for the purposes of art. 1341 of the Civil Code that it fully accepts and specifically approves the clauses set out in the following articles:

18.3. The Buyer declares to have read and to 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 jurisdiction.