Terms of service

OVERVIEW

Welcome to Valentina Costanzo Gioielli & Gemme! The terms "we," "us," and "our" refer to Valentina Costanzo Gioielli & Gemme. Valentina Costanzo Gioielli & Gemme operates this store and website, including all related information, content, features, tools, products, and services, in order to offer you, the customer, a curated shopping experience (the "Services"). Valentina Costanzo Gioielli & Gemme is Powered by Shopify, which enables us to provide you with the Services.

The terms and conditions set out below, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover matters such as disclaimers of warranty and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNTS

By accepting these Terms of Service, you represent that you have reached the age of majority in your State or Region of residence and that you have given your consent for any of your minor family members to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online stores or purchasing any product or service we offer, you may be required to provide certain information, such as your email address and Billing, Payment, and Shipping Data. You represent and warrant that all information provided in our store is correct, current, and complete, and that you have all the rights necessary to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activities carried out under your account. You may not transfer, sell, assign, or license the account to third parties.

SECTION 2 - OUR PRODUCTS

We have made every effort to display as accurately as possible the products and services on our online stores. However, please note that the colors or appearance of products may differ from how they appear on screen, depending on the device used to access the store and its settings and configurations.

We do not warrant that the appearance or quality of any product or service purchased will meet your expectations or match what is represented or displayed on our online stores.

All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any product offered to any person, geographic area, or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Valentina Costanzo Gioielli & Gemme reserves the right to accept or refuse the order for any reason, at its own discretion. The order is not accepted until Valentina Costanzo Gioielli & Gemme confirms its acceptance. Payment must be received and processed before the order is accepted. Please review your order carefully before submitting it, as Valentina Costanzo Gioielli & Gemme may not be able to accommodate cancellation requests once an order has been accepted. If the order is not accepted, is modified, or is cancelled, we will attempt to notify you by contacting you at the email address, billing address, and/or phone number provided at the time of the order.

Purchases are subject to return or exchange solely in accordance with our Refund Policy.

You represent and warrant that purchases are intended for personal or household use and not for commercial resale or export.

SECTION 4 - PRICING AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is submitted and will be stated in the order confirmation email. Unless otherwise expressly stated, published prices do not include taxes, shipping charges, handling fees, customs duties, or import costs.

Prices published in our online stores may differ from prices offered in physical stores, other online stores, or stores operated by third parties. From time to time, we may offer promotions relating to the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred will be honored by your credit card issuer, and (iv) amounts charged will be paid at the published prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY

We are not responsible for delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs procedures, or events beyond our control. Once products have been transferred to the carrier, title and risk of loss pass to you.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, display elements, images, graphics, product reviews, video, and audio, as well as their design, selection, and arrangement, are owned by Valentina Costanzo Gioielli & Gemme, its affiliates, or its licensors and are protected by Italian, European, and foreign patent, copyright, and other intellectual property laws.

These Terms permit you to use the Services solely for personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material found on the Services without our prior written consent. Except as expressly provided in these Terms, nothing herein grants or shall be construed as granting a license or other rights in connection with any patents, trademarks, copyrights, or other intellectual property rights of Valentina Costanzo Gioielli & Gemme, Shopify, or third parties. Unauthorized use of the Services may violate intellectual property laws. All rights not expressly granted under these Terms are reserved by Valentina Costanzo Gioielli & Gemme.

The names, logos, product and service names, designs, and slogans of Valentina Costanzo Gioielli & Gemme are trademarks of Valentina Costanzo Gioielli & Gemme or its affiliates or licensors. You may not use such trademarks without the prior written consent of Valentina Costanzo Gioielli & Gemme. Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to third-party tools for customers as part of the Services, over which we neither monitor nor have any control or input.

You acknowledge and agree that we provide access to such tools "as is" and "as available," without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or related to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms and conditions under which such tools are provided by the relevant third-party providers.

We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be considered part of the Services and subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any integrated third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access such third-party materials or sites, you do so at your own risk.

We are not responsible for any harm or damage related to accessing third-party websites or purchasing or using products, services, resources, or content found on third-party websites. Please carefully review the policies and practices of third parties and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Valentina Costanzo Gioielli & Gemme is supported by Shopify, which enables us to provide you with the Services. However, all sales and purchases made in our store are made directly with Valentina Costanzo Gioielli & Gemme. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Valentina Costanzo Gioielli & Gemme, including any damages, injuries, or losses arising from the products and services purchased. You hereby expressly release Shopify and its affiliates from any claim, damage, and liability arising out of or related to your purchases and transactions with Valentina Costanzo Gioielli & Gemme.

SECTION 10 - PRIVACY POLICY

All personal data we collect through the Services is subject to our Privacy Policy, and some personal data may be subject to the provisions of Shopify's Privacy Policy, available here. By using the Services, you confirm that you have read this privacy policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information related to your access to and use of the Services in order to provide and improve the Services. Information you submit to the Services will be transmitted and shared with Shopify, as well as with third parties that may be located in a country other than the one in which you reside, in order to provide you with the services. Please see our privacy policy for more details on how we, Shopify, and our partners use your personal data.

SECTION 11 - FEEDBACK

If you forward, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium and for any purpose, including commercial use. We may, for example, exercise the rights arising from such license to manage, provide, evaluate, improve, refine, and promote the Services and to fulfill our obligations and exercise our rights under the Terms of Service.

You further represent and warrant that: (i) you own or otherwise control all rights to any Feedback; (ii) you have disclosed any compensation or incentive received in connection with submitting the Feedback; and (iii) your Feedback will comply with these Terms. We are not, and will not be, obligated to (1) keep your Feedback confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.

We may, but are under no obligation to, monitor, edit, or remove Feedback that, in our sole discretion, we consider unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property rights or these Terms of Service.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality rights, or other personal or proprietary rights. You further agree that your Feedback will not contain libelous, defamatory, or otherwise unlawful, abusive, or obscene material, nor contain any computer viruses or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our Services or within them that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders at any time without notice (including after an order has been submitted).

SECTION 13 - PROHIBITED USES

You may access and use the Services solely for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or harmful purpose; (b) to violate any local, international, state, or European regulation, rule, law, or ordinance; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any of our employees or any other person; (e) to submit false or misleading information; (f) to upload or transmit, or procure the upload or transmission of, viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (g) to transmit, or procure the sending of, any advertising or promotional material, including any junk mail, chain letters, spam, or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or that, as determined by us, may harm Valentina Costanzo Gioielli & Gemme, Shopify, or users of the Services, or expose them to liability.

Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code that could compromise the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services; (c) collect or monitor any Personal Data of others; (d) send spam, phish, pharm, or engage in pretexting on the Services; (e) use robots, spiders, scraping tools, data collection and extraction tools, automated devices or processes, artificial intelligence tools (such as agentic AI), or other automated or manual means to access the Services; or (f) interfere with, circumvent, or bypass security or authorization features, robot exclusion headers, or other measures we have taken to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that any part of these Terms has been violated.

SECTION 14 - AGENTS

14.1 This section (Agent Terms) applies if you use, permit, enable, or otherwise cause an Agent to access, use, or interact with the Services. "Agent" means any software or service that performs autonomous or semi-autonomous actions on behalf of, or under the instruction of, any person or entity, and that may be run on behalf of, or by means of, a person's device without direct supervision.

14.2 No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict compliance with the requirements set out in section 14.4 below. Furthermore, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.

14.3 We may establish limits, including through technical measures, on the manner and conditions under which an Agent may access, use, and interact with the Services.

14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request comes from an Agent and disclose the Agent's name by including the following in the request's user-agent string: "Agent/[agent name]"; (ii) not conceal or obscure the fact that any access, use, or interaction is by an Agent, for example by (a) mimicking human behavior or interaction patterns, or (b) completing or circumventing CAPTCHAs or measures designed to distinguish computer use from human use; (iii) respond truthfully to any question or prompt intended to determine whether the interaction is coming from a human or a computer; (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof), at our sole discretion, at any time and without notice, and you will remain liable for all amounts due up to and including the date of termination.

Even upon termination, the following sections will remain in effect: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that by its nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

EXCEPT AS EXPRESSLY STATED BY VALENTINA COSTANZO GIOIELLI & GEMME, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT THE USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VALENTINA COSTANZO GIOIELLI & GEMME, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Valentina Costanzo Gioielli & Gemme, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including reasonable legal fees, made by any third party due to or arising out of (1) your breach of these Terms of Service or the documents referenced herein, (2) your violation of any law or the rights of a third party, or (3) your use of and access to the Services.

We will notify you of any indemnifiable claim, provided that a delay in such notification will not relieve you of your obligations except to the extent you suffer material prejudice as a result. We may control the defense and settlement of any such claim at your expense, including selection of counsel, but we will not settle any claim imposing non-monetary obligations without your consent, which shall not be unreasonably withheld. You will cooperate in the defense of indemnified claims, including by providing relevant documentation.

SECTION 19 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect of the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 - ASSIGNMENT

You may not assign, transfer, or delegate this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any attempt to do so shall be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or prior notice.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreement whereby we provide you with Services shall be governed by and construed in accordance with the laws of Italy. You and Valentina Costanzo Gioielli & Gemme consent to the exclusive jurisdiction and venue of the Court of Palermo, subject to mandatory consumer protection provisions.

SECTION 23 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.

SECTION 24 - CHANGES TO THE TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to costanzogioielli@gmail.com.

Our contact information is as follows:

Valentina Costanzo Gioielli & Gemme
costanzogioielli@gmail.com
Via Francesco Petrarca n°35, 90144 Palermo (PA), Italy
Tel: 329 787 4484
VAT No.: 07239340826
REA: PA 446106