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TERMS AND CONDITIONS

OVERVIEW


This website is operated by Sandra Di Giacinto. Throughout the site, the terms “sandradigiacinto.it”, “we”, “us” and “our” refer to Sandra Di Giacinto. Sandra Di Giacinto offers this website, including all information, tools and services available from this site to you, referred to as the “user” and “customer”, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

TERMS AND CONDITIONS OF SALE

1. Application of the general conditions of sale

The confirmation of the order implies acceptance by the Customer of these general conditions of sale.

 

2. Validity of offers

The products that can be viewed on sandradigiacinto.it are handmade and their availability is variable at any time. The confirmation of the order implies for the Customer to understand and accept that certain products may be out of stock and the creation of such products for the Customer may be temporarily impossible due to a variety of reasons (i.e. materials temporarily not provided from distributors).
In the event of a payment relating to the order of a product that is not available and temporarily impossible to create for the Customer, Sandra Di Giacinto undertakes to offer a credit or to fully reimburse the Customer.

 

Sandra Di Giacinto undertakes to notify the Customer by e-mail of such eventuality.
Delay or cancellation of an order shall not entitle the Customer to bring any claim against Sandra Di Giacinto, including compensation for damages.

 

 

3. Product description

Prices, descriptions or availability of products are outlined in the respective sections of sandradigiacinto.it and are subject to change without notice.

While products on sandradigiacinto.it are presented with the greatest accuracy technically possible, representation on sandradigiacinto.it through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased product.

The characteristics of the chosen product will be outlined during the purchasing process.

 

4. Prices

Prices on sandradigiacinto.it are displayed in Euro, either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the Customer is browsing.

The prices exclude shipping costs, which are shown separately from the products’ prices.
Sandra Di Giacinto reserves the right to change the prices at any time until the customer has confirmed the order.
Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including delivery costs) that they will be charged.

 

5. Order and payment

5.1. Complete an order

To place an order, the Customer is required to register on the sandradigiacinto.it website indicating the data necessary for completing the order and for subsequent operations, creating an account with username (personal email) and password. Once the products have been selected and placed in the cart, the Customer will find them in the order summary with the actual total amount and related shipping costs.
All notifications related to the described purchasing process shall be sent to the email address provided by the Customer for such purposes.

5.2. Payment

On sandradigiacinto.it the Customer can choose different forms of payment:

  • Payment by credit card.

  • Payment with Paypal.

5.3. Nonpayment

Sandra Di Giacinto reserves the right to refuse to execute a shipment or to honor an order issued by a Customer who has not paid all or part of the amount of a previous order, or with whom disputes relating to payment are in progress.

5.4. Payment verification

Sandra Di Giacinto carries out checks on all orders confirmed on her website. These controls are aimed at protecting Sandra Di Giacinto from any illegal activities carried out by malicious users. Our services may ask you to submit information necessary to release an order, including: proof of domicile or debit in your name, or proof of domicile in the name of the person indicated for the delivery address. These requests will be made by e-mail if probable anomalies are found with the completion of the order.

 

6. Retention of Product ownership

Until payment of the total purchase price is received by Sandra Di Giacinto, any products ordered shall not become the Customer’s property.

7. Retention of usage rights

Users do not acquire any rights to use the purchased product until the total purchase price is received by Sandra Di Giacinto.

8. Account registration & Identification

To use the Service, Customers must register or create a User account, providing all required data or information in a complete and truthful manner.
Failure to do so will cause unavailability of the Service.

 

The Customer who has already purchased on the sandradigiacinto.it website can choose a password which will allow, when placing further orders, not to have to fill-in again the information forms necessary to complete the order. The already registered Customer is recognized on the website as a User of sandradigiacinto.it.

Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by sandradigiacinto.it.

By registering, Users agree to be fully responsible for all activities that occur under their username and password.

 

In the event of loss or forgetting of the password, the User will be required to proceed as soon as possible with the password recovery procedure found in the Login section. In order to simplify the identification of the User with the immediate communication of the email address and password, the User expressly authorizes Sandra Di Giacinto to activate a "cookie" file for the sole purpose of facilitating such identification.
 

Users are required to immediately and unambiguously inform Sandra Di Giacinto via the email info@sandradigiacinto.it, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

8.1 Account termination

Users can terminate their account and stop using the Service at any time by doing the following:

8.2 Account suspension and deletion

Sandra Di Giacinto reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms.

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.

The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

 

9. Shipping

The products that can be viewed on sandradigiacinto.it are handmade and their availability is variable at any time. The order confirmation implies for the Customer to understand and accept that certain items may be out of stock and made specifically for the Customer after the time of purchase, as well as the acceptance of possible variability in the times of realization, fulfillment and shipment of the order.

 

For orders of in-stock products, Sandra Di Giacinto will deliver the goods to the courier within 10 working days. Sandra Di Giacinto reserves the right to use up to a further 15 days in the event of complications with the shipment of in-stock products.

Consignment to the courier and delivery times are indicative and a delay does not entitle the Customer to refuse delivery or request compensation or indemnity.

 

 

10. Right of withdrawal: Returns & Refunds

The right of withdrawal only applies to European Consumers. The right of withdrawal, also commonly called the right of cancellation in the UK, is consistently referred to as “the right of withdrawal” within this section.

 

Unless exceptions apply, the Customer may be eligible to exercise the right of withdraw within the period specified below, for any reason and without justification. Customers can learn more about the withdrawal conditions within this section.

10.1 Who the right of withdrawal applies to

Unless any applicable exception is mentioned below, Users who are European Consumers are granted a statutory cancellation right under EU rules, to withdraw from contracts entered into online (distance contracts) within the specified period applicable to their case, for any reason and without justification.

 

Users that do not fit this qualification, cannot benefit from the rights described in this section.

 

10.2 Exercising the right of withdrawal

To exercise their right of withdrawal, Customers must send to Sandra Di Giacinto an unequivocal statement of their intention to withdraw, therefore of their intention to return a product and apply for refund, by sending a mail at info@sandradigiacinto.it.

The e-mail must contain the following information: name, surname, order number, name of the product to be returned.

After proper notification by e-mail, the Customers will have to send the product back to Sandra Di Giacinto at the following address:

 

Sandra Di Giacinto

Via Girolamo Savonarola 35

00195 Roma RM

Italy

The Customers bear the costs of returning the products.

10.3 Return Policy

The withdrawal period expires 14 days from receipt of delivery.

In order to meet the deadline within which they can exercise such right, Customers must send the withdrawal notice to info@sandradigiacinto and send the products back at the given address for return before the withdrawal period expires. 

It is therefore recommended to act in good time. 

 

  • All products must be returned in their original packaging, with no damage or wear signs. Sandra Di Giacinto reserves the right to refuse returns of products that are not in the same condition as you received them.

  • Sandra Di Giacinto reserves the right to refuse any return of products that have not been reported by the Customer to info@sandradigiacinto.it.

  • The Customer is advised to shipping with tracking and to keep the deposit receipt provided by the courier for the duration of the procedure. Sandra Di Giacinto declines all responsibility in the event of loss or degradation during the transport of the package. The Customer will be responsible for damage or loss of the returned products.

  • The costs relating to the return of the products will be charged to the customer. The refund will include the cost of the product only and not the shipping costs. The refund will be made within 14 working days of receiving the package.

  • Sandra Di Giacinto reserves the right to refuse returns that are sent back after the expiry withdrawal period expressed within this section.

  • Sandra Di Giacinto will only refund items returned as instructed. If the return does not meet the conditions listed within this section, the package will be returned to the Customer and the Customer will be responsible for the shipping costs.

10.4 Conformity and Exceptions of Withdrawal

All custom orders, also referred as commission orders, do not conform to the right of withdrawal nor to the return policy and are non-refundable.

 

11. Effects of withdrawal: Refunds

Users who correctly withdraw will be reimbursed by Sandra Di Giacinto for the cost of the purchased products.

Delivery and optional insurance costs are the responsibility of the purchaser and will not be reimbursed.

Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which Sandra Di Giacinto receives the product back. The product must be in its original packaging and in perfect conditions.

 

Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction.

12. Exchanges and Substitutions 

To exchange a product purchased online, the Customer must return it and proceed with a new order. sandradigiacinto.it cannot make direct exchanges or substitutions.

13. Orders not delivered by our courier or shipment method

Orders not delivered to the recipient for the following reasons: unknown recipient, unclaimed, refused, damage in transit, tampering…

13.1. Reason for returning order: unknown recipient or address anomaly

Orders returned to the sender by the courier for the following reason: the recipient does not live at the address indicated. Once the package has been received at the Customer’s address, Sandra Di Giacinto will contact the Customer to resend the order if the product is still available or proceed with the refund excluding shipping costs, based on the Customer's choice. Sandra Di Giacinto does not guarantee the reservation of the products ordered and may be obliged to refund the order if the product or products are not available. Sandra Di Giacinto reserves the right to proceed with the refund instead of sending the order again, if several products sent back to the sender with unknown recipients are detected.

13.2. Reason for return of the order: absent / warned

Orders not collected by the Customer at the post office or at the delivery point within the established deadlines. Once the package has been received at our address, Sandra Di Giacinto will contact the Customer to resend the order if the product is still available or proceed with the refund excluding shipping costs, based on the Customer's choice. Sandra Di Giacinto does not guarantee the reservation of the products ordered and may be obliged to refund the order if the product or products are not available. Sandra Di Giacinto reserves the right to proceed with the refund instead of sending the order again, if several unclaimed products are found.

13.3. Reason for returning the Order: refused

Upon delivery, the Customer refused the order. Following receipt and acceptance of the package at our address, Sandra Di Giacinto will contact the Customer to resend the order if the product is still available or proceed with the refund excluding shipping costs, based on the Customer's choice. Sandra Di Giacinto does not guarantee the reservation of the products ordered and may be obliged to refund the order if the product or products are not available. Sandra Di Giacinto reserves the right to proceed with the refund instead of sending the order again, if several unclaimed products are found.

13.4. Shipping costs in the case of points 13.1,13.2,13.3

The shipping costs in the 3 cases listed, for sending and/or returning, will be charged to the Customer and will not be reimbursed by Sandra Di Giacinto.

GENERAL TERMS AND CONDITIONS

14. Liability

On all phases of access to the website sandradigiacinto.it, consultation, filling in the forms, execution of the order, delivery of the products or on any other service, Sandra Di Giacinto assumes exclusively an obligation of intermediation. Therefore, Sandra Di Giacinto declines all responsibility for the inconveniences or damages deriving from the use of the Internet network and totally unrelated to the obligations and precautions adopted by Sandra Di Giacinto. In particular, all unforeseen events relating to the provision of the service, external intrusions or the presence of computer viruses will not be attributable to Sandra Di Giacinto. Similarly, anything resulting from force majeure pursuant to the provisions of the Court of Cassation totally exonerates Sandra Di Giacinto from any liability.

14.1. Access to external resources

Through sandradigiacinto.it Users may have access to external resources provided by third parties. Users acknowledge and accept that Sandra Di Giacinto has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

14.2. Acceptable use

sandradigiacinto.it and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of sandradigiacinto.it and/or the Service violates no applicable law, regulations or third-party rights.

Therefore, Sandra Di Giacinto reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this Application or the Service, terminating contracts, reporting any misconduct performed through sandradigiacinto.it or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:

  • violate laws, regulations and/or these Terms;

  • infringe any third-party rights;

  • considerably impair Sandra Di Giacinto’s legitimate interests;

  • offend Sandra Di Giacinto or any third party.

15. Service interruption

To ensure the best possible service level, Sandra Di Giacinto reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

Within the limits of law, Sandra Di Giacinto may also decide to suspend or terminate the Service altogether. If the Service is terminated, Sandra Di Giacinto will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, the Service might not be available due to reasons outside Sandra Di Giacinto’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).

 

16. Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Application and of its Service without the Sandra Di Giacinto’s express prior written permission, granted either directly or through a legitimate reselling programme.

17. Privacy policy

To learn more about the use of their Personal Data, Users may refer to the privacy policy of sandradigiacinto.it.

18. Intellectual property rights

Without prejudice to any more specific provision of these Terms, all content available on sandradigiacinto.it including any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to sandradigiacinto.it are the exclusive property of Sandra Di Giacinto or its licensors, including fully paid-up or royalty-free graphic materials, and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with sandradigiacinto.it are, and remain, the exclusive property of Sandra Di Giacinto or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

 

All hyperlinks that refer to the sandradigiacinto.it site and which use framing, deep linking, inline linking or other direct linking techniques in particular are strictly and formally prohibited. Without exception, all links, even if tacitly authorized, must be withdrawn at the request of Sandra Di Giacinto.

 

Sandra Di Giacinto undertakes its utmost effort to ensure that the content provided on sandradigiacinto.it infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using at info@sandradigiacinto.it.

19. Rights regarding content on sandradigiacinto.it - All rights reserved

Sandra Di Giacinto holds and reserves all intellectual property rights for any such content.

Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on sandradigiacinto.it, nor allow any third party to do so through the User or their device, even without the User's knowledge.

Where explicitly stated on sandradigiacinto.it, the User may download, copy and/or share some content available through sandradigiacinto.it for its sole use explicated on sandradigiacinto.it and provided that the copyright attributions and all the other attributions requested by Sandra Di Giacinto are correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

19.1. Software license

Any intellectual or industrial property rights, and any other exclusive rights on software or technical applications embedded in or related to this Application are held by the Owner and/or its licensors.

Subject to Users’ compliance with and notwithstanding any divergent provision of these Terms, the Owner merely grants Users a revocable, non-exclusive, non-sublicensable and non-transferable license to use the software and/or any other technical means embedded in the Service within the scope and for the purposes of this Application and the Service offered.

This license does not grant Users any rights to access, usage or disclosure of the original source code. All techniques, algorithms, and procedures contained in the software and any documentation thereto related is the Owner’s or its licensors’ sole property.

All rights and license grants to Users shall immediately terminate upon any termination or expiration of the Agreement.

Without prejudice to the above, under this license Users may download, install, use and run the software on the permitted number of devices, provided that such devices are common and up-to-date in terms of technology and market standards.

The Owner reserves the right to release updates, fixes and further developments of this Application and/or its related software and to provide them to Users for free. Users may need to download and install such updates to continue using this Application and/or its related software.

New releases may only be available against payment of a fee.

The User may download, install, use and run the software on one device.

 

20. Name data

Sandra Di Giacinto, for service needs, reserves the right to collect the nominative data relating Users of sandradigiacinto.it. Furthermore, Sandra Di Giacinto reserves the right to transfer, for commercial purposes, the data collected on sandradigiacinto.it. In any case, and in accordance with the provisions of Law No. 78-17 of 6 January 1978, all Users or Customers of the site can at any time oppose the commercial use of their data and also exercise the right of access, rectification and elimination of their personal data. All requests relating to this article must be sent by e-mail to info@sandradigiacinto.it.

 

21. Changes to these Terms

Sandra Di Giacinto reserves the right to amend or otherwise modify these Terms at any time. In such cases, Sandra Di Giacinto will appropriately inform the User of these changes.

Such changes will only affect the relationship with the User for the future.

The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service.

The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from Sandra Di Giacinto.

If required by applicable law, Sandra Di Giacinto will specify the date by which the modified Terms will enter into force.

22. Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

22.1. EU Users

Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.

Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

23. Governing law

These Terms are governed by the law of the place where Sandra Di Giacinto is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

23.1. Exception for European Consumers

However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.

24. Venue of jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where Sandra Di Giacinto is based, as displayed in the relevant section of this document.

24.1. Exception for European Consumers

The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.

25. Dispute resolution

25.1. Amicable dispute resolution

Users may bring any disputes to Sandra Di Giacinto who will try to resolve them amicably.

While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of this Application or the Service, Users are kindly asked to contact Sandra Di Giacinto at the contact details provided in this document, that being info@sandradigiacinto.it.

The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to Sandra Di Giacinto’s email address specified in this document.

Sandra Di Giacinto will process the complaint without undue delay and within 21 days of receiving it.

 

25.2. Online dispute resolution for Consumers

The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving disputes related to and stemming from online sale and service contracts.

As a result, any European Consumer or Consumer based in Norway, Iceland, or Liechtenstein can use such platform for resolving disputes stemming from contracts which have been entered into online.

 

26. Contacts

All communications relating to the use of sandradigiacinto.it must be sent using the e-mail contact info@sandradigiacinto.it.

 

 

 

Definitions and legal references

Latest update: February 10, 2023

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