CONSUMER INFORMATION AND GENERAL CONTRACT CONDITIONS

1. GENERAL INFORMATION
1.1. Scope of application
These general terms and conditions, as well as all policies and documents referred to within them (hereinafter referred to as “GTC”) apply to all orders sent via social pages and their private chats, e-mails, websites and mobile applications owned and/or operated by or on behalf of “Fatti col cuore di Porta Puglia Giulia” (P.IVA 04222521207) and/or all legal entities attributable to it.
Before ordering Products (as defined below) from the Websites, please read these GTC carefully. By ordering our Products, you implicitly agree and are required to comply with:
a. these TCG
c. our privacy policy,
and confirm that you are entitled to enter into legally binding contracts and that you are of legal age in your country to enter into legally binding contracts. If we have reason to believe that the requirements set out here are not met, we reserve the right to cancel your order.
1.2. Contracting Party
Websites for the sale of goods via the Internet are operated by:
–Made with the heart of Porta Puglia Giulia” (P.IVA 04222521207)
– In the unlikely event that the customer may have complaints about products purchased from our websites and social pages or in the event that he wishes to assert a legal guarantee request, he can contact us via PEC at the email address: fatticolcuoregioielli@gmail.com
– If your selected shipping destination is in the United Kingdom or outside the European Union, the terms and conditions of the country in question apply to your purchase and use of the websites. A link to the applicable terms and conditions is displayed on the corresponding social media pages and websites. Please also note that your billing address must be in the country of delivery.
1.2. Modification of the TCG
We reserve the right to make changes to the GTC at any time. All changes come into effect upon publication of the new GTC on the Websites. The customer and the sales contracts concluded with us are subject to the version of the GTC in force at the time the products are ordered on the Websites.
2. ACCEPTANCE OF PURCHASE ORDERS
2.1. Invitation to purchase.
All products offered on social networks and websites owned by the seller and/or third parties constitute an invitation to purchase and not an offer or a unilateral sales contract on our part.
However, all orders submitted are subject to acceptance at our discretion.
We are free to not accept your order at our discretion for any reason, without any liability and in accordance with applicable laws.
Some examples, among others, of cases in which we may not accept an order:
b) missing order information necessary to create the customized product;
c) failure to authorize the customer's payment;
d) receiving a negative credit report;
e) alleged violation of the GTC;
f) alleged involvement of the customer in fraudulent or criminal activities of any kind;
g) justified suspicion that the customer is not a consumer, but a commercial purchaser.
In the event that we are unable to accept the order, we will inform the customer and will not charge the cost of the product.
2.2. Phases of the purchase order, completion of the contract, shipment and collection of the product.
No binding purchase contract exists until we have accepted the customer's order as described in the following letters "ef".
Steps before accepting orders.
a) The customer transmits the order electronically to the seller, complete and correct with all the necessary and requested data for processing the request: model, color, size, plating (non-exhaustive list), in addition to providing all useful data for identifying the customer (personal and residential data), as well as billing data. Incomplete or incorrect orders will not be taken into consideration in any way. If the customer provides incorrect measurements or requests changes, the related costs including shipping costs will be entirely borne by the buyer.
b) The seller hereby specifies that the rose gold and yellow gold plated products are the result of galvanic baths carried out on a silver base and therefore subject, with use, to natural discoloration. The customer is aware and accepts that the products are subject to loss of color.
c) We do not accept orders with a delivery address relating to entities or individuals who provide transport services. In the event that the order is accepted, but we subsequently discover that the relevant delivery address corresponds to an entity or individual who provides transport services, we will have the right to cancel the order, after notifying the customer by email or telephone.
Steps after acceptance: from confirmation to product collection.
d) The customer receives an e-mail or equivalent message via Facebook, Instagram and/or other social network chat, confirming the order, indicating the billing and delivery address, order number, description of the selected products, final price (as well as the costs referred to in point 3.1.) and payment and shipping methods. This message does not represent an acceptance of the customer's offer/order, but only a confirmation of receipt of the order.
e) The customer declares to accept the final price and the custom-made product ordered without being able to subsequently modify the order, which is to be considered irrevocable.
f) Upon receipt of the irrevocable and binding order/offer, the electronic contract shall be deemed to have been perfected.
In the absence of indication of the measurements, the standard women's sizes will be used: 17.5cm bracelets, 14cm rings, 40cm necklaces, while for men the standard bracelet size is: 19.5cm.
Please note that once the order has been sent, the customer can no longer modify or cancel it. In the event that the customer wishes to cancel the order, he/she must contact customer service promptly via email: fatticolcuoregioielli@gmail.com or social chat instagram.
3. PRICES AND ADDITIONAL COSTS
3.1. Product prices
All product prices displayed on the websites and social media pages) represent product prices only. They include VAT (or other sales taxes).
The total price of the order includes all additional costs, including those relating to payment methods that involve an increased percentage, as well as shipping costs that are communicated to the customer.
We are entitled to modify the products listed on the websites and on the web and social pages attributable to the seller at any time and without notice. Such modifications do not apply, however, to the products for which the customer has sent an order.
4. PAYMENT TERMS
5.1. Total price and payment of the price.
The total price of the order is the purchase price of the selected products including VAT and additional costs (i.e. shipping costs, as well as any increases due to online payment methods that involve a percentage of the purchase). The price must be paid by the customer at the time of order confirmation.
5.2. Payment Methods
Payment can be made via
a) Debit/credit card
If you pay by credit/debit card (by entering your payment details on the relevant payment processor's websites), we reserve the right to verify your name, address and other personal details provided by you during the order process against appropriate third party databases. By providing your payment details, you agree to these checks being carried out. Please note that this is done solely to confirm your identity; no credit checks are carried out, nor is your credit rating changed. All information provided by you will be treated securely and strictly in accordance with all applicable data protection laws and our Privacy Policy.
The customer declares that the credit / debit card used is his property and that all information provided in relation to it, including but not limited to name and address, is complete, correct and accurate. The customer also declares that the credit / debit card is valid and that the payment details entered are correct. If the institution that issued the credit card refuses to authorise payment, we will not be able to accept the order and we will not be held responsible for any delay or non-delivery, nor will we be afraid to provide information on the reason for the refusal.
We cannot be held responsible for any costs or other amounts charged by your card issuer or bank as a result of our processing of your credit/debit card payment in relation to your order.
If your credit/debit card is not denominated in the currency of your purchase as stated on the Websites, the final price may be charged in the currency of your card or account. This final price is calculated and charged by your card issuer or bank, and we cannot be held responsible for any costs, fees, charges or other amounts charged to you if your card issuer charges you in a currency other than the currency of your purchase as stated on the Websites.
b) PayPal
If the customer pays via PayPal, the Privacy Policy available on the PayPal website also applies, which describes how PayPal collects, stores, processes, shares and transfers personal data for the use of its services. It is specified that this means of payment may involve a surcharge on the purchase price in a percentage equal to 3.5% of which Paypal is responsible.
c) Postepay top-up
The payment method via Postepay top-up is permitted, by transferring money from a nominative Postepay to that of the seller, the details of which will be disclosed upon order confirmation.
d) Other payment methods
Payment by bank transfer is permitted to the coordinates that will be made known at the time of order confirmation if the customer chooses this payment method.
5.3. Payment Terms
For customer security, the billing name and address must match the credit card details or other payment method used. The bank account, PayPal or Postepay or other equivalent payment method must be in the name of the person on the official identity document. We reserve the right to cancel any orders that do not comply with this or our other security criteria.
6. DELIVERY, LIABILITY, RETENTION OF TITLE AND ILLEGAL RESALE
6.1. Place of delivery
The ordered products will be delivered to the address provided by the customer by our appointed courier. The customer is solely responsible for the correctness of the data provided, for example: the shipping address provided must be valid and correct. We decline all responsibility in case of inaccuracy or incompleteness of the delivery address.
Please note that it is not possible to change the shipping address after the order has been sent.
6.2. Processing and delivery times.
The products ordered by the customer will be made within a period of 3-7 working days from the moment the payment is credited.
The seller is in no way responsible for any delays in production attributable to third-party suppliers and shipments may be subject to unquantifiable delays in periods of heavy traffic. In this case, however, the seller undertakes to promptly inform the customer, specifying that the delay does not constitute a right to withdrawal as it was previously indicated.
Any delivery terms, shorter than the aforementioned 3-7 working days indicated, must be previously, and only exceptionally, agreed with the seller and confirmed by the latter at the time of the order summary.
The products are sent intact and subjected to preliminary testing before being placed on the market, therefore all damages subsequent to wear and tear cannot in any way be attributed to the seller.
Please note that we do not deliver to hotels or PO boxes.
The timing of any repairs varies, up to a maximum of 30 working days.
6.3. Return of goods
Upon receipt of the shipment, it is advisable to check the integrity of the goods shipped. The products will be delivered in special packaging: it is the Customer's responsibility at the time of delivery and, before signing the delivery confirmation, to check the integrity of the packaging. If the external packaging is not intact, the customer may refuse the collection, giving written reasons for the refusal and sending us via email/fax to fatticolcuoregioielli@gmail.com, immediate communication of the refusal of the package due to "non-intact packaging". It is understood that once the collection form has been signed by the carrier in charge, the customer may not raise any objection regarding the integrity or otherwise of the packaging and its contents.
6.4. Seller's liability and insurance against transport damage.
The Seller is released from the obligation of delivery by handing the item over to the carrier or forwarder, therefore, from that moment, the risk of loss of the item will no longer be borne by the seller.
The Seller therefore declines any responsibility in this regard and advises the Customer to request shipping insurance in order to be reimbursed directly by the Carrier in the event of loss or damage to the goods.
Customs duties imposed by countries outside the EU are to be considered the responsibility of the buyer.
6.2. Retention of title
The products remain our property until full payment has been made.
Upon receipt of the products, all risk of damage or loss passes to the customer.
6.3. Illegal resale
Please note that, to the extent permitted by law, unauthorized resale or distribution of products sold on the Websites is strictly prohibited. In the event that the seller becomes aware of the illicit and unauthorized distribution of its products, it reserves all rights, reasons and powers in the most appropriate judicial venues in order to obtain the cessation of the illicit conduct and compensation for damages suffered.
7. WITHDRAWAL
Pursuant to art. 59, letter “c”, Legislative Decree 6 September 2005 n. 206 (Consumer Code), the right of withdrawal is excluded as it concerns the supply of personalized and tailor-made goods and therefore not resalable or reusable.
8. WARRANTY
We warrant that the products are of merchantable quality and free from defects in material and workmanship under normal use. No further warranties are given.
The warranty period is two years from receipt of the products.
The warranty does not cover damage to products caused by accident, misuse, abuse, modification, attempted repair, negligence after purchase, normal wear and tear, product discoloration, and/or failure to follow product care instructions.
(The duration of the finish is not attributable to a manufacturing defect, but to personal factors/incorrect use/wear).
In the unlikely event that the products are found to be defective in any way covered by the warranty, please contact customer service. The customer must retain proof of purchase so that it can be displayed. The customer may choose between replacement of the product, if available, or a full refund.
For after-sales services, contact: fatticolcuoregioielli@gmail.com
9. LIMITATIONS OF LIABILITY
The Girl With Bracelets is liable to the customer exclusively for damages caused by intent or gross negligence.
The above limitation of liability does not exclude our liability for (i) death or personal injury caused by negligence, (ii) fraud or fraudulent misrepresentation, or (iii) any other liability which cannot be limited or excluded under applicable law.
Without prejudice to the foregoing, we disclaim all liability in any respect arising under or in connection with these GTC in contract, tort (including without limitation negligence or breach of statutory duty) or otherwise for any:
- economic damages (including but not limited to loss of income, revenue, data, actual or anticipated profits, contracts, business, opportunity or anticipated savings),
- loss of goodwill or reputation,
- any special, indirect or consequential loss or damage suffered or incurred by the customer arising out of or in connection with these GTC.
10. DATA PROTECTION
Your personal data is processed in accordance with our Privacy Policy. Please refer to our Policy for more information on how we use your data, what information we collect, how and to what extent we use it, and under what circumstances we disclose it.
Furthermore, if PayPal or Postepay are used as payment methods, the customer's personal data are processed in accordance with the PayPal and Postepay privacy policy.
11. OTHER IMPORTANT CONDITIONS
11.1. Intellectual Property Rights
The seller retains all rights, ownership and interest (including copyright, designs, trademarks, patents or other intellectual property rights) in and to the materials used on the social pages and websites, including, but not limited to, designs, logos, images, graphics, videos and other graphic material (hereinafter referred to as "Content").
No content displayed on social media pages or websites should be construed as granting any license or right to use any content displayed on the websites.
The customer can freely browse the contents offered on the Web, can download them, view them or use them only for personal but non-commercial use, provided that the contents and all copyrights or other proprietary rights are kept unchanged. We also invite the customer to affix the following writing on said reproductions: “©Fatti col cuore gioielli. All rights reserved.”
In addition to the above permissions, the customer may not modify, adapt, reproduce or change the social pages and/or websites or their contents, nor insert their contents into other sites, online platforms or similar. All commercial uses are prohibited without the prior written authorization of the seller.
Fatti col cuore gioielli® is a registered trademark owned by Giulia Porta Puglia. The seller monitors the use of its trademarks and takes appropriate measures against intellectual property violations.
11.2. What laws apply to these GTC and where you can bring legal proceedings
These GTC are governed by Italian law, excluding any references to foreign law. The United Nations Convention on Contracts for the International Sale of Goods applies where necessary.
11.3. Jurisdiction

Milan is the sole competent court for any dispute arising out of or in connection with these GTC. This does not affect the legal rights of the customer as a consumer in the country in which he resides. The seller is also entitled to bring proceedings in the place of residence of the customer.

Online dispute resolution for customers.

Consumers residing in Europe should be aware that the European Commission has implemented an online platform for alternative dispute resolution, which provides an out-of-court method for resolving disputes related to and arising from online sales and service contracts. Consequently, if the customer is a European consumer, he can use this platform to resolve disputes arising from contracts concluded online with the owner. The platform is available at the following link (http://ec.europa.eu/consumers/odr/).