Terms and Conditions

Users who use the Services offered by Giratine declare that they know and accept these general contract conditions.

Owner of Giratine and related Services
“Giratine” by Nistri Benedetta
Via Lorenzo Perosi 18, 59100 Prato (PO), Italy
VAT: 02504020971
CF: NSTBDT93C43D612N
Chamber of Commerce of Pistoia-Prato
info@giratine.com

About Giratine
Giratine.com is the official website of “Giratine” by Nistri Benedetta, a sole proprietorship producing handmade bags in Italy. Through the website, the User can search for information on the brand and purchase products online.

User-provided content
Users are responsible for their own content and that of third parties that they share on Giratine, by uploading it, inserting content or in any other way. Users indemnify the Owner from any liability in relation to the illicit dissemination of third-party content or the use of Giratine, in ways contrary to the law. The Owner does not carry out any type of moderation of the content published by the User or by third parties, but undertakes to intervene in response to reports from Users or orders given by public authorities in relation to content deemed offensive or illicit.

Rights on content provided by users
The only rights granted to the Owner in relation to the contents provided by the Users are those necessary for the operation and maintenance of Giratine.

Content provided by third parties
The Owner does not carry out any preventive moderation on the contents or links provided by third parties displayed on Giratine. The Owner is not responsible for such contents and their accessibility.

Registration
In order to use the Service or part of it, Users must register by providing, truthfully and completely, all the data requested in the relevant registration form and fully accept the Privacy Policy and these general conditions. The User is responsible for safeguarding and maintaining confidentiality of his/her access credentials.

Deletion and Closure of User Accounts
Registered Users may deactivate their accounts, request their deletion or stop using the Service at any time, through the Giratine interface or by contacting the Owner directly. The Owner, in the event of violation of these Terms, reserves the right to suspend or close the User's account at any time and without notice.

Purchase
Purchase procedure
Each order sent constitutes an offer to purchase the products. Orders are subject to availability and discretionary acceptance by the Owner. The User must select the products and check out, after having carefully verified and possibly modified the information contained in the order summary. The order is placed by confirming the order and is subject to payment of the price, taxes and shipping and payment costs indicated in the order summary form. The Order Processing Receipt does not constitute acceptance of the order. The conclusion of the contract occurs when the Order Confirmation is sent by the Owner to the email address provided by the User. The Owner reserves the right not to confirm an order by communicating to the User within 20 days of purchase, to the email address associated with his purchase, the possible unavailability of one or more of the purchased products. In this case, the Owner will refund the price and shipping costs incurred by the User.

Product Availability
Prices, descriptions or availability of the products displayed are subject to change without notice. The photos inserted are indicative and do not constitute a guarantee of the quality of the products.

Execution of the Order
The Order is executed within the terms specified on the summary page and in the Order Confirmation email, subject to the availability of the ordered product. The Owner cannot be held liable for damages suffered by the User due to delays in delivery that are not dependent on circumstances foreseeable by the parties at the time of sending the Order Confirmation.

Delivery
Deliveries are made during normal business hours to the address indicated by the User and according to the methods specified in the order summary. Upon delivery, the User must verify the contents, specifying any anomalies in the delivery form. In the event of failure to collect within the deadline established by the carrier, the products will be returned to the Owner, who will refund the price of the products but not the shipping cost. The Owner cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the User, for any damage that may occur to the Products after delivery to the carrier, where the latter has been chosen and appointed by the User, or for delays in delivery attributable to the latter.

Right of withdrawal
In case of purchase of products or services on Giratine, the User has the right to withdraw from the contract without indicating the reasons, within 14 days, except for personalized items. The withdrawal period expires after 14 days from the day on which the User or a third party - other than the carrier and designated by the User - acquires physical possession of the goods. To exercise the right of withdrawal, the User is required to inform the Owner of the decision to withdraw by means of an explicit declaration sent to the contacts indicated.

Effects of withdrawal
If the User withdraws from this contract, all payments made to the Owner will be refunded, including delivery costs, without undue delay and in any case no later than 14 days from the day on which the Owner is informed of the User's decision to withdraw from this contract. Such refunds will be made using the same means of payment used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any case, the User will not have to bear any costs as a result of such refund. The refund may be suspended until receipt of the goods or until the User has demonstrated that he has sent back the goods, whichever is earlier. The User is requested to send back the goods and deliver them to the Owner without undue delay and in any case within 14 days from the day on which he communicated the withdrawal from this contract. The deadline is met if the User sends back the goods before the 14-day period expires. The costs of returning the goods will be borne by the User. The User is only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Limitations on the right of withdrawal on products
Damaged or used products, even if only partially, will not be replaced or refunded. The User must insert a copy of the delivery document received inside the packaging box. The right of withdrawal does not apply to: goods packaged to measure or clearly personalized or which, by their nature, risk deteriorating rapidly, are sealed and are not suitable for return for hygienic reasons or are connected to health protection and have been opened after delivery.

Warranty
The consumer User has the right to the guarantee of conformity of the products and services purchased. The guarantee lasts for 6 months from the delivery of the goods and the lack of conformity must be communicated to the Owner within 2 months of discovery. To exercise the right of guarantee, the User must send an email to the Owner indicating the order number and an accurate description of the defect (it is advisable to also attach photographic material). All the elements are essential and will be verified by the Owner before responding to the User. If the lack of conformity of the product is ascertained, the User has the right to obtain, after returning the defective product to the Owner, its repair or replacement. The User also has the right to request from the Owner an appropriate reduction in the price or termination of the contract if the repair and replacement are impossible or excessively expensive, the Owner has not repaired or replaced the goods within a reasonable period of time or the replacement or repair previously carried out has caused significant inconvenience to the User. To exercise the right of guarantee and for further information on the matter, the User is required to contact the Owner.

Service Interruption
The Owner reserves the right to add, remove features or functionality or to suspend or interrupt the provision of the Service altogether, either temporarily or permanently. In the event of permanent interruption, the Owner will act as possible to allow Users to withdraw their information hosted by the Owner.

Reselling the Service
Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit any portion of Giratine and its Services without the express permission of the Owner, granted either directly or through a specific reselling program.

Indemnity
The User undertakes to indemnify the Owner (as well as its directors and employees) from any obligation or liability, including any legal costs incurred to defend themselves in court, which may arise from damage caused to other Users or third parties, in relation to the content uploaded online, to the violation of the terms of the law or the terms of these conditions of service.

Unauthorized use
The Service shall be used in accordance with the Terms. Users may not:
• reverse engineer, decompile, disassemble, modify, or create derivative works based on Giratine or any portion of it;
• circumvent any technology used by Giratine or its licensors to protect content accessible through it;
• copy, store, modify, change, prepare derivative works of, or alter in any way any of the content provided by Giratine;
• use any robot, spider, site search/retrieval application, or other manual or automatic device, process or means to access, retrieve, scrape, or index any portion of Giratine or any Giratine Content;
• rent, lease or sublicense Giratine;
• defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others;
• disseminate or publish illegal, obscene, illegitimate, defamatory or inappropriate content;
• use Giratine in any other improper manner that violates these Terms.

Privacy policy
For information on the use of personal data, Users should refer to Giratine's Privacy Policy.

Intellectual Property Rights
All trademarks of the Application, figurative or nominal, and all other signs, trade names, service marks, word marks, commercial names, illustrations, images, logos that appear concerning Giratine are and remain the exclusive property of the Owner and are protected by the laws in force on trademarks and by related international treaties.

Age requirements
Users declare that they are of legal age according to the legislation applicable to them. Minors may use Giratine only with the assistance of a parent or guardian. Under no circumstances may minors under the age of 13 use Giratine.

Limitations of liability
The Owner, within the limits of applicable law, is liable for contractual and extra-contractual damages to Users or third parties only when these constitute an immediate and direct consequence, due to willful misconduct or gross negligence, of Giratine's activity. The User expressly exonerates and relieves the Owner from any liability, within the limits permitted by applicable law, in relation to any damages or claims of any type and kind, of its own and/or of third parties, including direct, indirect, punitive, incidental, special damages, damages resulting from lost profits, lost revenues, loss of data or replacement costs arising from or in any way connected with this agreement.

Changes to these Terms
The Owner reserves the right to make changes to the Terms at any time, giving notice to the User by publishing them within Giratine. The User who continues to use Giratine after the publication of the changes accepts the new Terms without reservation.

Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation or subcontract all or any of the rights or obligations arising from the Terms, provided that the User's rights hereunder are not prejudiced. The User may not assign or transfer in any way his or her rights or obligations under the Terms without the written authorization of the Owner.

Communications
All communications relating to Giratine must be sent using the contact information listed in the Agreement.

Ineffectiveness and partial nullity
If any provision of the Terms is held to be void, invalid or unenforceable, that provision will be deleted and the remaining provisions will not be affected and will remain in full force and effect.

Applicable law and competent court
These Terms and all disputes regarding the execution, interpretation and validity of this contract are subject to the law, the jurisdiction of the State and the exclusive jurisdiction of the court of the place where the Owner is based. The exclusive jurisdiction of the consumer is an exception, if the law so provides.

Online dispute resolution for consumers
The consumer residing in the European Union (EU) must be aware of the fact that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to resolve in a non-judicial manner any dispute relating to and/or arising from contracts for the sale of goods and services stipulated online. Consequently, if you are a European consumer, you can use this platform to resolve any dispute arising from the online contract stipulated with the Owner. The platform is available at the following link. The Owner is available to respond to any questions sent via email to the email address published in this document.

Conciliation procedure for resolving disputes with consumers
We do not participate in conciliation procedures for resolving disputes with consumers.

Definitions and legal references

Service
The service provided by Giratine as described by these Terms and within Giratine.

User
The natural or legal person using the Service.

Terms and Conditions (or Terms)
These general conditions of service, which constitute a legally binding agreement between the User and the Owner.

Order Processing Receipt
Indicates the email that the Owner sends upon receipt of the order.

Order Confirmation
Indicates the email that the Owner sends when the products are shipped to confirm the shipment of all or part of the purchased products.

Example of withdrawal form

Addressed to:
“Giratine” by Nistri Benedetta
Via Lorenzo Perosi 18, 59100 Prato (PO), Italy
VAT: 02504020971
CF: NSTBDT93C43D612N
Chamber of Commerce of Pistoia-Prato
info@giratine.com

I/we hereby give notice that I/we withdraw from my/our contract of sale of the following goods/services (insert here a description of the goods/services from which you wish to withdraw): ______________________________________________________________________
• Ordered on: _____________________________________________ (insert date)
• Received on: _____________________________________________ (insert date)
• Name of consumer(s): _____________________________________________
• Address of the consumer(s): _____________________________________________
• Date: _____________________________________________ (sign only if this form is notified on paper)