1. Preliminary information
These General Conditions of Sale applicable to distance selling (hereinafter, the “General Conditions of Sale”) apply to all sales of Villa products and services through the website www.villa.it. The website www.villa.it (hereinafter, the “Website”) is owned and managed by Giuseppe Villa S.r.l. with registered office in Via A. Manzoni 23, 20121 Milan (MI), tax code and Business Register No. 08227550152, REA (Economic and Administrative Index) No. 1209223, certified email address giuseppevilla.pec@pcert.it, hereinafter also referred to as the “Seller”. The Seller holds a license for trading in precious objects issued by the Milan Police Headquarters on 22/05/1988. Sale of Products through the Website constitutes a distance contract regulated by Chapter I, Title III of Legislative Decree No. 206 of 6 September 2005 (Consumer Code) and by Legislative Decree No. 70 of 9 April 2003 containing the protocol on electronic commerce. These General Conditions of Sale govern all orders placed remotely through the Website and are an integral part of the purchase order. By placing a purchase order, the Customer expressly agrees to be bound by our policies on privacy and the use of cookies, both of which can be consulted on the Website and the terms of which are considered to be incorporated into these General Conditions of Sale. These General Conditions of Sale can be consulted on the Website.
  1. Periodic updates to the General Conditions of Sale
Giuseppe Villa S.r.l. reserves the right to make changes at any time to the General Conditions of Sale, the most recent version of which will always be available on the Website. Any update is effective from the date of its publication and applies to all orders for products or services completed from that date onwards.
  1. Eligible persons
Only natural persons who (a) have reached the legal age of majority (eighteen in most states); (b) have the legal capacity to enter into contracts; (c) are consumers, i.e., acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity they may carry out, and (d) use a shipping address located in one of the states listed in Section 10 of these General Conditions of Sale are considered “Eligible Persons” who can complete orders for products through the Website. By placing an order through the Website, the Customer expressly declares and guarantees that they meet all the aforementioned requirements, including, but not limited to, being a bona fide end customer, who is purchasing products or services for exclusively personal use from the Seller who, should any of these requirements fail to be met, will enforce their rights in the appropriate places.
  1. Product availability and quantity limits
All orders placed through the Website are subject to automatic confirmation both in terms of product availability and order confirmation. The Seller reserves the right to refuse, at any time and without prior notice, orders that exceed the quantities available for each product. It is also possible that due to simultaneous orders from multiple customers, a product indicated as available may not actually be available. The Seller will promptly notify the Customer, who can choose whether to wait for the product to be restocked, select an alternative product or cancel the order. For more information on the order process, please refer to Section 6** of these General Conditions of Sale.
  1. Bespoke products
The Seller provides a bespoke service for certain products. Orders for bespoke products – including, by way of example but not limited to, engraved products and products made according to specifications provided by the Customer – cannot be cancelled and withdrawal is not permitted. Once delivered, the bespoke products cannot under any circumstance be returned, replaced or refunded, unless the product is found to be defective, in which case the return and consequent replacement or refund are provided for by mandatory provisions of law.
  1. Order process
The Customer purchases Products from the Website by selecting the items they wish to purchase, the desired quantity and – where applicable – the relevant option. The products selected will be shown in the Cart. From here, clicking the “Checkout” button will take the Customer to the order form. When completing the order form, the Customer will be able to: – view order summary and total cost including shipping costs – enter gift or discount codes – enter billing information including name, surname, address, telephone and e-mail – enter shipping information – add a note to the order – select payment method and enter payment detailsOnce the Customer has entered all the necessary information and accepted these General Conditions of Sale, the order is confirmed by clicking the “Place order” button. To proceed with the order, the Customer must accept the General Conditions of Sale. Until completion of the order via the “Place order” button, the Customer can view and modify all information entered. Once the order has been placed through the Website, the Customer will see an order confirmation on the screen and receive a written confirmation via e-mail (hereinafter, the “Order Confirmation”). This confirmation will include the order details, product information, price, shipping costs, any other applicable charges and the order reference number, which the Customer must keep safe and use in any correspondence relating to the order. It is the Customer’s responsibility to check that the Order Confirmation is correct. Should the Order Confirmation be incorrect or for any other query regarding the order, the Customer should contact the Seller immediately. The Seller reserves the right to refuse, cancel and/or terminate an order with valid justification, at any time prior to payment. By way of example and not limited to, it is our right to refuse, dissolve or cancel the order if the Customer does not have sufficient funds, the order is incomplete or incorrect, the product is no longer available, in the event of a dispute relating to payment of a previous order and in case of reasonable suspicion, at the sole discretion of the Seller, that the Customer has engaged in (i) fraudulent activities; or (ii) has violated these General Conditions of Sale.
  1. Registration on the website
The Customer can choose whether to register for free on the website by creating a personal account. To register on the Website, the Customer must fill out the appropriate form, entering their name, surname, e-mail address and a password. The account created will remain valid for any subsequent purchases by the same user. Once the account has been created, the Customer can purchase products by logging in and following the instructions shown on the Website, in keeping with the conditions set out in the following sections. The login details (e-mail address and password) are for the exclusive use of the Customer and cannot be transferred to third parties. The Customer undertakes to keep them secret, to ensure that no third parties have access to them and to immediately inform the Seller should they suspect or become aware of any improper use or undue disclosure of the same. The Customer guarantees that the personal information provided during the purchase procedure and registration on the Website is complete and correct and undertakes to hold the Seller harmless and indemnified from any damage, compensation obligation and/or sanctions deriving from and/or in any way connected to violation by the Customer of the rules regarding registration on the Website or the security of login details.
  1. Prices, taxes and shipping costs
For customers who connect to the Website from the European Union, the prices shown are inclusive of VAT, unless otherwise indicated, and exclusive of any shipping costs and other taxes. For customers who connect to the Website from any country outside the European Union, the prices shown are exclusive of VAT, any shipping costs and other taxes. The Seller reserves the right to charge shipping costs to the Customer, depending on the sales policies in place at the time of the order, which are established at the discretion of the Seller. These expenses will be clearly displayed and/or communicated during the order process. Where not specified, these expenses will not be applied. These total expenses will be displayed before confirmation and completion of the order and will also be shown in the subsequent order summary sent to the Customer. The Seller is entitled to change prices and delivery costs at any time and without notice, it being understood that the shipping costs are those displayed at the time of ordering, as clearly indicated during the order process. The Seller undertakes to ensure that product prices and delivery costs are correct at the time the information is entered into the system. In the event that, despite our reasonable efforts, some prices or delivery costs are calculated incorrectly, the Customer will be contacted as soon as possible and can choose whether to confirm an updated order with the new prices or delivery costs or cancel the order; only in the event that the Seller is unable to contact the Customer using the contact details provided during the order process will the Seller cancel the order and refund the amount paid.
  1. Payment
Il Venditore accetta le The Seller accepts the payment methods indicated during the order process. Depending on payment method, the Customer may be required to provide additional information, including specific forms of identification. When placing an order on the Website, you must enter your payment details in the appropriate form. All card holders are subject to validation checks and authorisation from their card issuer. Other payment methods may also be subject to validation and authorisation by the system providers. The Customer expressly authorises us to carry out security checks, where we deem it necessary, in order to transmit and/or obtain information (including any updated Customer information and, without limitation, payment card data) to/from third parties on occasion. The purpose of these checks may be to authenticate identity, validate the payment card, obtain an initial authorisation for card payment and authorise individual purchase transactions. Bank transfers are accepted at our sole discretion. The Seller does not charge any additional commission for bank transfers to pay for orders placed through the Website on top of that charged by financial institutions. The order will not be processed until the Seller has received payment and sent order confirmation by e-mail. If payment by bank transfer is not credited to the Seller’s bank account within five (5) working days of placing the order, the order will be cancelled.
  1. Shipping
The Seller can only accept orders for delivery to the following countries: Italy, Austria, Belgium, Denmark, Finland, France, Germany, Great Britain, Greece, Ireland, Luxembourg, Monaco, Netherlands, Portugal, Spain, Sweden, Iceland, Liechtenstein, Norway, Switzerland, Bulgaria, Cyprus, Estonia, Latvia, Lithuania, Malta, Poland, Czech Republic, Romania, Slovakia, Slovenia, Hungary, Albania, Saudi Arabia, Argentina, Armenia, Bosnia, Chile, Croatia, United Arab Emirates, Jordan, Grand Cayman, Guatemala, Israel, Lebanon, Macedonia, Moldova, Peru, Qatar, Serbia, South Africa, Turkey, Ukraine, USA, Canada, Australia, South Korea, Japan, Hong Kong, Indonesia, Malaysia, Mexico, New Zealand, Singapore, Taiwan, Thailand, Macau, and Russia. Please note that the Seller cannot ship to military addresses, restricted areas, collection points or PO boxes. For further information, please contact the Seller. We offer free collection from our boutique for purchases made within Italy.
  1. Delivery
Until the order is paid in full, the product(s) ordered remain the property of the Seller. Delivery of the product(s) is subject to receipt of full payment. A signature will be required upon delivery. Responsibility for the purchased items passes to the Customer upon delivery. If the Customer has specified a recipient other than themselves, the Customer expressly accepts that the signature of that recipient (or of another person at the delivery address) constitutes proof of delivery, the transfer of responsibility to the recipient and the fulfilment of the sales contract by the Seller. The Seller reserves the right to deliver the products exclusively to the intended recipient as indicated on the address label and, for certain product categories, to verify identity upon delivery. The Seller will send the products ordered to the Customer at the address indicated, under the aforementioned conditions, by courier and/or trusted delivery services, specifically Ferrari, FedEx and DHL. The average delivery time is 2-4 working days for orders to mainland Italy and 4-6 working days to offshore islands. For international orders, the average delivery time is 4-6 working days, but this is dependent on the customs procedures for each country. Upon receipt, the Customer is required to verify that their order is correct. The Seller cannot be held responsible for delays or non-delivery due to force majeure or unforeseeable circumstances. The Seller will not be liable for damages, losses and costs incurred as a result of the non-delivery of the goods within the foreseen time frame and the Customer is only entitled to a refund of the price paid. The Seller will take all reasonable steps to ensure delivery by the courier within the aforementioned terms and, in any case, no later than thirty (30) days from that date. Exceptions are made in cases where the purchase involves a product or service for which longer delivery times are indicated, such as bespoke products or services. In case of non-delivery within thirty (30) days from the date of the order confirmation or within the longer deadline agreed, the Customer can ask the Seller to deliver within an additional timeframe appropriate to the circumstances; if delivery is not made within the additional timeframe, the Customer is entitled to terminate the contract. In this case, the Seller will refund the total amount paid to the Customer.
  1. Legal guarantee and Customer rights
Giuseppe Villa S.r.l. is committed to ensuring that every single product strictly complies with quality standards and has passed all checks, both technical and aesthetic. Upon receipt of the product(s), the Customer must inspect them to check for any defects. Should the Customer find a defect, they must notify the Seller as soon as possible. Legislative Decree No. 206/2005 (known as the Consumer Code) provides a legal guarantee for defective products, under which Giuseppe Villa S.r.l. is liable to the Customer, as a consumer, for any defects that occur within two years of delivery of the goods. In summary, Legislative Decree No. 206/2005 provides, in the event of a product defect, for (i), the right of the Customer to receive, at their choice and at no extra cost, replacement or repair of the product unless one option is objectively impossible or excessively expensive compared to the other; (ii) the right of the Customer to receive, at their choice, a reduction in price or termination of the contract, not applicable to minor defects, in the event that repair and replacement are objectively impossible or excessively expensive or should the Seller fail to repair or replace the product within a reasonable time or a previous replacement or repair has caused excessive inconvenience to the Customer. Any complaint regarding defective products must be made within two months of discovery and any action taken regarding any defects not intentionally concealed by the Seller must occur, in any case, within twenty-six months from delivery of the product. As a consumer, the Customer may be entitled to other rights granted by mandatory laws, which remain unaffected by these General Conditions of Sale.
  1. Exchanges
A product purchased from the website can be exchanged within fourteen (14) days (hereinafter, the “Withdrawal Period”) and in compliance with the indications and procedures set out in these General Conditions of Sale. Products can be exchanged with another Villa product, provided that product is available and that the exchange complies with the provisions of the General Conditions of Sale, in particular with Section 13. Purchase of the initial product will be cancelled and a new order for the replacement product will be issued. For the sake of clarity, it should be noted that the exchange outlined in this paragraph does not refer to the product exchange required by law in favour of the Customer in the event of product defects (see Section 12), which remains governed by the relevant provisions of the law. To request an exchange and check availability of the replacement product, the Customer must complete the exchange form found under Shipping and Returns (hereinafter, the “Notice of Exchange”) and notify the seller via email at: info@villa.it. In order to respect the Withdrawal Period, simply contact the Seller and follow their instructions, or send the Notice of Exchange before the end of the Withdrawal Period expires. Only products returned in compliance with these General Conditions of Sale will be considered eligible for refund or exchange. In case of exchange with a less expensive product, the Customer will not be entitled to a refund of the price difference but will accrue a credit on their next purchase. In case of exchange with a more expensive product, the Customer will be required to pay the price difference. Return shipping costs are at the Customer’s expense and all responsibility for loss, theft, damage to the goods and any other harm caused to the products during transport is borne by the Customer. Condition of returned products Products must be returned undamaged and in perfect condition, with all protective materials, tags and labels intact, as well as the original shipping box and packaging, including all accessories and documents and any free items received as part of the order. If the product shows signs of wear, damage or alteration, the Seller reserves the right to refuse the item returned for exchange or, alternatively, to reduce the value of the exchange voucher. If the product does not meet the return conditions, the Seller is authorised, on the basis of these General Conditions of Sale, to refuse the exchange and to return the product to the Customer at the Customer’s expense. Non-refundable and non-exchangeable products The right to exchange does not apply to bespoke products, including, by way of example, any product made to specifications from the Customer and engraved products. Only the original purchaser of the product has the right to exchange and the right to exchange will in no case be granted to a person who has received a product purchased by another person. If the recipient of a gift wishes to return a product, they may contact the Seller to discuss the options available.
  1. Repairs
For any requests for repairs to a product ordered through the Website, the customer should contact the Seller at the addresses indicated in Section 1 of these General Conditions of Sale.
  1. Product descriptions
All product information can be found on the Website and the individual pages accessible through the Website. Detailed information relating to each product is published on the Website. We are committed to ensuring that the information provided on the Website, in our advertising and in our catalogues, including product description, size and colour, is accurate and complete. However, since each of our pieces is created using artisanal techniques and is therefore unique, there may be infinitesimal deviations from the indications given regarding the weight of the precious materials or the exact calibre of the stones. Furthermore, since Villa Milano pieces are made with strictly natural stones, the colours may vary slightly depending on the place of origin, extraction, treatment or even the cut. Small differences in colour may also depend on the device used to view the jewels, or on printing quality. Any deviations in weight, calibre, and colour do not therefore constitute product defects nor a poor quality product and therefore do not entitle the Customer to exercise their rights provided by law in the case of product defects or poor quality. By accepting these General Conditions of Sale, the Customer declares they have read and agreed to this condition.
  1. Limitation of Liability
To the fullest extent permitted by applicable law, the Seller rejects any other terms, conditions and warranties, whether express or implied, in relation to products or services. Nothing in these General Conditions of Sale shall limit or exclude our liability to the extent that it cannot be limited or excluded by the applicable laws. Notwithstanding the previous sentence, the Seller’s contract and non-contract liability or any other form of liability towards the Customer may in no case exceed the total amount paid by the Customer for the relevant order. The Seller accepts no responsibility for any non-fulfilment or delays in fulfilling its obligations under these General Conditions of Sale due to causes beyond its control.
  1. General provisions
Should any provision of these General Conditions of Sale be, even partially, invalid, this provision will not be considered part of these General Conditions of Sale and the validity of the remaining provisions of these General Conditions of Sale will remain unaffected, unless otherwise requested by the applicable laws. These General Conditions of Sale (and the terms incorporated therein), along with the order and order confirmation, constitute the entire agreement between the Seller and the Customer in relation to orders for products or services, and replace and terminate any previous agreement, proposal, understanding, commitment or collateral contract of any nature between the Parties, in oral or written form, in relation to the object in question. Any failure to or delay on the part of Giuseppe Villa S.r.l. to exercise its rights under these General Conditions of Sale must not be interpreted as a waiver of these rights, nor as acquiescence to the violation by the Customer of any declaration, guarantee or obligation under these General Conditions of Sale. The sales contract is stipulated between Giuseppe Villa S.r.l. and the Customer and no other person has the right to enforce any of its terms or conditions. The Customer cannot transfer or assign the sales contact or any connected right or obligation, even in part, to third parties, without the prior written consent of Giuseppe Villa S.r.l.
  1. Governing law and dispute resolution
The contract and these General Conditions of Sale are governed by, and interpreted in accordance with, the laws of the country in which the Seller has its registered office, therefore Italian law, without reference to the provisions on conflict of laws and with the express exclusion of application of the United Nations Convention on the International Sale of Goods. Where applicable laws differ from the laws required to protect consumers in the Customer’s country of residence, we will offer similar protection. Any disputes or disagreements regarding the sales contract, including those regarding, or in relation to, the General Conditions of Sale, including their validity, invalidity, violation or termination, will be judged or arbitrated in accordance with this section. Should the Customer deem that there is a problem related to the purchase of the products, they can send a complaint to Giuseppe Villa S.r.l. using the contact details indicated in Section 19. The Customer and Seller undertake to work for a period of thirty (30) days to amicably resolve any dispute or disagreement deriving, directly or indirectly, from products or services, from the General Conditions of Sale or from any violation thereof. Should it prove impossible to resolve the dispute upon examination of the complaint, Giuseppe Villa S.r.l., pursuant to Article 141 sexies third paragraph of Legislative Decree 205/2006, will inform the Customer of the relevant Alternative Dispute Resolution (ADR) body or bodies, specifying whether it intends to make use of the aforementioned bodies to resolve the dispute. Giuseppe Villa S.r.l. informs the Customer, as a consumer, that the European Union has set up an online platform for the resolution of disputes related to the online purchase of products or services. The platform, called ODR, is managed by the European Commission and can be found at the following link https://webgate.ec.europa.eu/odr. Through the platform, the Customer can consult a list of ADR bodies and activate an online procedure for out-of-court resolution of the dispute. The availability of the aforementioned tools does not exclude the Customer’s right to assert their claims before the competent judicial authority. If the Customer’s residence or domicile is located in Italy, the mandatory territorial jurisdiction lies with the courts where the Customer is resident or domiciled. If the Customer is resident or domiciled in a European Union state other than Italy, they can assert their claims against Giuseppe Villa S.r.l. either before the courts of the Member State in which they are domiciled or resident or before the Italian courts, as the State in which the registered office of Giuseppe Villa S.r.l. is located.
  1. How to contact us
Should the customer wish to contact Giuseppe Villa S.r.l. in relation to these General Conditions of Sale, they can do so using the e-mail address info@villa.it, the telephone number +39 02 804279 or the certified e-mail address giuseppevilla.pec@pcert.it