1. Preliminary Information

 

These General Terms and Conditions of Sale applicable to distance sales (“General Terms and Conditions of Sale”) apply to all sales of Villa products and services completed through the website www.villa.it.

The website www.villa.it (hereinafter, the Site) is owned and operated by Giuseppe Villa S.r.l., with its registered office at Via San Carpoforo 3, 20121 Milan (MI), Tax Code and Company Registration Number 08227550152, REA Number MI – 1209223, certified email address giuseppevilla.pec@pcert.it, hereinafter also referred to as the Seller.

The Seller holds a license for trading precious items issued by the Milan Police Headquarters on 05/22/1988.

The sale of Products through the Site constitutes a distance contract governed by Chapter I, Title III of Legislative Decree No. 206 of September 6, 2005 (“Consumer Code”) and Legislative Decree No. 70 of April 9, 2003, containing regulations on electronic commerce.

These General Terms and Conditions of Sale govern all orders placed remotely through the Site and form an integral part of the purchase order. By placing a purchase order, the Customer expressly agrees to be bound also by our Privacy Policy and Cookie Policy, both available on the Site, the terms of which are considered incorporated into these General Terms and Conditions of Sale.

These General Terms and Conditions of Sale can be consulted on the Site.

 

2. Periodic Updates of the General Terms and Conditions of Sale

 

Giuseppe Villa S.r.l. reserves the right to make changes to the General Terms and Conditions of Sale at any time, the most recent version of which is always available on the Site. Any updates become effective from the date of their publication and govern all and only the orders of products or services concluded from that date onwards.

 

3. Eligible Parties

 

Only individuals who (a) have reached the legal age of majority (eighteen years in most countries); (b) have the legal capacity to enter into contracts; (c) are consumers, i.e., act for purposes unrelated to any business, commercial, artisanal, or professional activity they may carry out; and (d) use a shipping address located in one of the countries listed in Section 10 of these General Terms and Conditions of Sale, are considered “Eligible Parties” to finalize product orders through the Site.

By placing an order through the Site, the Customer expressly declares and warrants that they possess all the aforementioned requirements, including, but not limited to, being a bona fide end customer who purchases the Seller’s products or services for exclusively personal use. In the absence of such requirements, the Seller will assert its rights in the appropriate venues.

 

4. Product Availability and Quantity Limits

 

All orders placed through the Site are subject to automatic confirmation regarding both product availability and order confirmation. The Seller reserves the right to refuse, at any time and without prior notice, orders that exceed the available quantities for each product. It is also possible that due to the simultaneous access of multiple customers to the Site, a product indicated as available is actually not available. The Seller will promptly inform the Customer of this occurrence, who may choose to wait for a new supply, select an alternative product, or cancel the order. For further information on the order procedure, please refer to Section 6 of these General Terms and Conditions of Sale.

 

5. Customized Products

 

For specific products, the Seller provides customization services (the “customized products”). Orders for customized products—including, by way of example but not limited to, engraved products and products made according to specifications provided by the Customer—cannot be canceled, and withdrawal is not permitted. Once delivered, customized products cannot under any circumstances be returned, exchanged, or refunded, except in cases where the return and consequent exchange or refund are required in the exercise of rights provided by mandatory legal provisions in the presence of product conformity defects.

 

6. Order Procedure

 

The purchase of Products through the Site by Customers takes place by selecting the desired items for sale, once they have been identified in the desired quantity and—where provided—in the available qualities. The selected products will be listed in the Cart section. From here, via the “Checkout” button, it will be possible to proceed to fill out the order form.

 

During the order form completion phase, the Customer will have the possibility to:

 

• View the order summary and the total cost including shipping fees;

• Enter gift or discount codes;

• Enter billing information including: first name, last name, address, phone number, and email;

• Enter shipping information;

• Add order notes;

• Select the payment method and enter the relevant data;

• Once all data have been entered and these General Terms and Conditions of Sale have been accepted, confirm the order by clicking the “Place Order” button.

 

Failure to accept these General Terms and Conditions of Sale will make it impossible to proceed with completing the order.

 

Until the final confirmation and submission of the order via the “Place Order” button, the Customer will always have the opportunity to view and, if necessary, modify the entered data.

 

Once the order has been submitted through the Site, the Customer will see an on-screen order confirmation and will receive a written confirmation via email (the “Order Confirmation”). This confirmation will include the order details, information regarding the main characteristics of the product, the price, shipping costs, any other applicable charges, and the order reference number, which should always be kept for any inquiries regarding the order. It is the Customer’s responsibility to check the Order Confirmation and ensure that it faithfully reflects the order they intended to place. In case of questions or doubts, or if the Order Confirmation does not reflect the Customer’s intentions, it is advisable to contact the Seller immediately.

 

The Seller reserves the right to refuse, cancel, and/or terminate an order for justified reasons, at any time prior to payment. By way of example and not limitation, we may refuse, terminate, or cancel the order if the Customer does not provide sufficient solvency guarantees, the order is incomplete or incorrect, the product is no longer available, in case of a dispute related to the payment of a previous order, or in case of suspicions, at the Seller’s sole discretion, that the Customer has engaged in (i) fraudulent activities; or (ii) has violated these General Terms and Conditions of Sale.

 

7. Site Registration

 

The Customer may choose to register on the Site for free, creating a personal account.

 

To register on the Site, the Customer must fill out the appropriate form, entering first name, last name, email address, and a password. The account thus created will remain valid for any subsequent purchases by the same user. Once the account has been created, the Customer can proceed to purchase products by logging in and following the instructions on the Site and in accordance with the conditions provided in the following sections.

 

The registration credentials (email address and password) must be used exclusively by the Customer and cannot be transferred to third parties. The Customer undertakes to keep them secret and to ensure that no third party has access to them and to inform the Seller immediately if they suspect or become aware of any misuse or unauthorized disclosure.

 

The Customer guarantees that the personal information provided during the purchase procedure and any registration on the Site is complete and truthful and undertakes to keep the Seller indemnified and held harmless from any damage, compensation obligation, and/or sanction arising from and/or in any way connected to the Customer’s violation of the rules on Site registration or the safekeeping of registration credentials.

 

8. Prices, Taxes, and Shipping Costs

 

For customers accessing the Site from the European Union, the prices indicated on the product pages are inclusive of VAT, unless otherwise indicated, before any shipping costs and other taxes. For customers accessing the Site from a country outside the European Union, the prices indicated are net of VAT, before any shipping costs and other taxes.

 

The Seller reserves the right to charge the Customer for product shipping costs, depending on the commercial policies in force at the time of the order, as discretionally determined by the Seller. These costs will be clearly identified and/or communicated during the order placement process. Where not explicitly stated, such costs will not be applied.

 

These costs will be summarized before confirming and completing the order and will also be indicated in the subsequent order summary correspondence with the Customer. It is at the Seller’s discretion to modify prices and delivery costs at any time and without notice, provided that the shipping costs applicable to the order are those in force at the time of its submission, as clearly indicated during the Order Procedure.

 

The Seller undertakes to ensure that product prices and delivery costs are correct at the time of entering the information into the system. In the event that, despite our reasonable efforts, some prices or delivery costs are unfortunately miscalculated, the Customer will be contacted as soon as possible and will be able to choose whether to confirm a new order based on the new prices or delivery costs or to cancel the order; only if the Seller is unable to contact the Customer using the contact details provided during the order procedure will the Seller cancel the order and refund the amounts paid.

 

9. Payment

 

The Seller accepts the payment methods indicated during the order procedure carried out through the Site. Depending on the payment method, it may be necessary to provide additional information, including specific forms of identification.

 

By placing an order on the Site, you must enter your payment details in the appropriate form. All payment card holders are subject to validation checks and authorization by the card issuer.

 

Other payment methods may also be subject to validation checks and authorization by payment system providers. The Customer expressly authorizes us to carry out security checks, where we deem necessary, in order to transmit and/or obtain information from time to time (including any updated information about the Customer and, without limitation, payment card data) to/from third parties. These checks may aim to authenticate identity, validate the payment card, obtain an initial authorization for card payment, and authorize individual purchase transactions.

 

Bank transfers are accepted at our sole discretion. The Seller does not charge fees for bank transfers to settle orders placed through the Site beyond any fees that may be charged by financial institutions. The order will not be processed until the Seller has received payment and sent the order confirmation via email. If payment by bank transfer is not credited to the Seller’s bank account within five (5) working days from the order date, the order will be canceled.

 

10. Shipping

 

The Seller accepts only orders with delivery in 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, Macao, Russia.

 

Please note that the Seller does not accept shipments to military addresses, restricted areas, pickup points, or PO boxes. For further information, please contact the Seller at the contacts listed in paragraph 1.

 

We also offer the Customer free in-store pickup at our boutique for purchases made from Italy.

 

11. Delivery

 

Until full payment of the order has been made, the ordered product(s) remain the property of the Seller. Delivery of the products is subject to receipt of full payment. The handwritten or electronic signature of the Customer or another person at the indicated delivery address will be required as confirmation of product delivery. Upon delivery, the risk and responsibility for the purchased goods pass to the Customer. If the Customer has specified a recipient different from themselves for delivery purposes, the Customer expressly agrees that the signature of such recipient (or of another person at the delivery address) constitutes proof of delivery, transfer of responsibility to the recipient, and fulfillment of the sales contract by the Seller. The Seller reserves the right to deliver the products exclusively to the intended recipient of the order as indicated on the package label and to require, for certain product categories, identity verification upon delivery.

 

The Seller will ship to the Customer, at the address indicated by the latter, the selected and ordered products, according to the methods provided in the previous articles, through trusted couriers and/or shippers, in particular Ferrari, FedEx, and DHL. The average delivery time for domestic orders (Italy) is 2–5 working days, towards the islands 5–10 working days. For international orders, the average delivery time is 5–15 working days, but it depends on the customs policies of the destination country.

 

Upon receipt, the Purchaser is required to verify the conformity of the product delivered to them with the order placed.

 

No liability can be attributed to the Seller for delayed or non-delivery attributable to force majeure or unforeseeable circumstances.

 

The Seller will not be liable to any party or third parties for damages, losses, and costs incurred as a result of the non-delivery of the goods within the expected times, the Customer having the right only to the return of any price paid. The Seller will take all reasonable measures 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 cases where the purchase involves a product or service for which longer delivery times are indicated as necessary, such as in the case of customized products or services.

 

In the event of non-delivery within thirty (30) days from the date of Order Confirmation or within the longer agreed term, the Customer may invite the Seller to make the delivery within an additional period appropriate to the circumstances; if delivery is not made within the additional period, the Customer is entitled to terminate the contract. In such case, the Seller will refund the Customer all amounts paid under the contract.

 

12. Legal Warranty and Customer Rights

 

Giuseppe Villa S.r.l. is committed to ensuring that each individual product strictly complies with quality standards and has passed all controls, both technical and aesthetic. Upon receipt of the products, the Customer must inspect them to verify the presence of any defects. If a defect is found, it must be reported as soon as possible.

 

We remind you that Legislative Decree No. 206/2005 (so-called Consumer Code) provides a legal warranty for conformity defects, under which Giuseppe Villa S.r.l. is responsible to the Customer, as a consumer, for conformity defects that manifest themselves within two years from the delivery of the goods. Referring to the text of Legislative Decree 206/2005, we remind you, in summary, that it provides, in case of a conformity defect: (i) the Customer’s right to obtain, at their choice and without expense, the replacement or repair of the product unless the chosen remedy is objectively impossible or excessively burdensome compared to the other; (ii) the Customer’s right to obtain, at their choice, a price reduction or contract termination, but not in reference to minor defects, in case repair and replacement are objectively impossible or excessively burdensome or the Seller does not provide for the repair or replacement of the product within a reasonable time or a previous replacement or repair has caused excessive inconvenience to the Customer. We remind you that the report of the conformity defect must be made, under penalty of forfeiture, within two months from its discovery and that the action to enforce defects not fraudulently concealed by the Seller is, in any case, time-barred within twenty-six months from the delivery of the goods.

 

As a consumer, the Customer may have other rights granted by mandatory provisions, which remain unaffected by these Conditions of Sale.

 

13. Exchanges

 

It is possible to exchange a product purchased through the Site within fourteen (14) days (the “Withdrawal Period”) and in compliance with the indications and procedures provided by these General Terms and Conditions of Sale, requesting its replacement with another Villa product, provided that the product with which the exchange is requested is available and that the return complies with the provisions of the General Terms and Conditions of Sale, particularly this Section 13. The operation consists of withdrawing from the contract relating to the product to be returned and placing a new order for the chosen replacement product. For clarity, it is specified that the exchange governed by this point is not the product replacement provided by law as a remedy in favor of the buyer/consumer in case of product conformity defects (see Section 12), which remains governed by the relevant legal provisions.

 

To request an exchange and verify the availability of the product with which the exchange is requested, the Customer must fill out the exchange form available in the Shipping and Returns section (the “Exchange Notification”) and send the request in advance via email to: villamilano@villa.it. To comply with the Withdrawal Period, it is sufficient to contact the Seller and follow their instructions, or send the Exchange Notification before the expiry of the Withdrawal Period.

 

Only products received by us in compliance with these General Terms and Conditions of Sale will be considered eligible for refund or exchange.

 

In case of an exchange with a less expensive product, the Customer will not be entitled to receive a refund of the price difference but will accrue a credit on the next purchase. In case of an exchange with a more expensive product, the Customer is required to pay the price difference.

 

Shipping costs are the responsibility of the Customer, and the liability for loss, theft, damage to the goods, and any other harmful event to the products during transport is borne by the Customer.

 

i) Conditions of Returned Products

Products must be returned intact and in perfect condition, with all protective materials, tags, and labels supplied, as well as the original box and shipping packaging, including all accessories and documents and free items received as part of the order. If the product shows signs of wear, damage, or alterations from its original condition, the Seller reserves the right not to accept the return for exchange or, alternatively, to reduce the amount that may be applicable to the exchange voucher.

If the product does not meet the return conditions, the Seller is authorized, based on these General Terms and Conditions of Sale, to refuse the exchange and to resend it to the Customer at their expense.

 

ii) Non-Refundable or Non-Exchangeable Products

The right to exchange is excluded regarding the supply of customized products, including, for example, any product made to measure, based on the specifications indicated by the Customer, and engraved products.

Only the purchaser of the product has the right to make an exchange, and in no case will the right to exchange belong to a person who has received the product purchased by another person. If the recipient of a gift wishes to return a product, they may contact the Seller to evaluate the available options.

 

14. Repairs

 

For any repair requests related to a product ordered through the Site, the customer must contact the Seller at the contacts indicated above in point 1.

 

15. Product Descriptions

 

Information regarding the products can be found on the Site and in the individual product pages accessible through the Site.

 

Detailed information about each product is published on the Site.

 

We are committed to ensuring that the information provided on the Site, in advertising, and in catalogs, including descriptions, sizes, and colors of the products, is accurate and complete.

 

However, since each of our pieces is unique because it is created with artisanal workmanship, infinitesimal deviations from the indicated weight of precious materials or the exact carat weight of the stones may occur. Furthermore, since Villa jewelry is made with strictly natural stones, color shades may vary slightly depending on the place of origin, extraction, treatment, or cut, which always aims to identify the most beautiful nuances of the natural vein. Small color differences may also depend on the type of technological support used to view the jewelry or on the normal dynamics of printing.

 

Therefore, the deviations in weight, carat weight, and color shades indicated above do not constitute conformity defects of the product, nor, in any case, defects or lack of product quality. Their presence does not entitle the Customer to exercise the remedies provided by law in the case of conformity defects, defects, or lack of product quality. By accepting these General Terms and Conditions of Sale, the Customer declares that they are aware of and accept the above.

 

16. Limitation of Liability

 

To the maximum extent permitted by applicable laws, the Seller disclaims and excludes all other terms, conditions, and warranties, whether express or implied, in relation to the products or services.

 

Nothing in these General Terms and Conditions of Sale is intended to limit or exclude our liability to the extent that it cannot be limited or excluded by applicable laws. Without prejudice to the preceding sentence, the contractual, extra-contractual, or other liability of the Seller to the Customer shall in no case exceed the total amount paid by the Customer for the applicable order. The Seller also declines any liability for any non-fulfillment or delays in fulfilling its obligations under these Conditions of Sale due to causes beyond its control.

 

17. General Provisions

 

If any provision of these General Terms and Conditions of Sale should be found, even in part, invalid, such provision will be considered not part of these General Terms and Conditions of Sale, and the validity of the remaining provisions will remain unaffected, unless otherwise required by applicable laws.

 

These General Terms and Conditions of Sale (and the terms incorporated herein by reference), together with the order and the order confirmation, constitute the entire agreement between the Seller and the Customer in relation to product or service orders, and replace and extinguish any prior agreement, proposal, understanding, commitment, or collateral contract of any nature between the Parties, whether oral or written, relating to the subject matter herein.

 

Any failure or delay by Giuseppe Villa S.r.l. in exercising any of its rights under these General Terms and Conditions of Sale should not be interpreted as a waiver of exercising such right, nor as acquiescence to the Customer’s violation of any representation, warranty, or obligation under these General Terms and Conditions of Sale.

 

The sales contract is entered into 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 may not transfer or assign to third parties, even partially, the sales contract or any rights or obligations connected thereto, without the prior written consent of Giuseppe Villa S.r.l.

 

18. Applicable Law and Dispute Resolution

 

The contract and these General Terms and Conditions of Sale are governed by and interpreted in accordance with the laws of the country where the Seller has its registered office, therefore Italian law, without reference to the provisions on conflict of laws and with express exclusion of the application of the United Nations Convention on Contracts for the International Sale of Goods. Where applicable laws are different from the mandatory consumer protection laws in the Customer’s country of residence, we will offer similar protection.

 

Any disputes or controversies based on the sales contract, including those regarding or related to the General Terms and Conditions of Sale, including the validity, invalidity, breach, or termination thereof, will be judged or arbitrated in accordance with this Section.

 

If the Customer believes there is a problem related to the purchase of the products, they may file a complaint with Giuseppe Villa S.r.l., addressing it to the contacts indicated in Section 19.

 

The Customer and the Seller undertake to endeavor for a period of thirty (30) days to amicably resolve any dispute or disagreement arising, directly or indirectly, from the products or services, the General Terms and Conditions of Sale, or any breach thereof.

 

In the event that it is not possible to resolve the dispute during the complaint examination, Giuseppe Villa S.r.l., pursuant to Article 141-sexies, third paragraph, of Legislative Decree 205/2006, will inform the Customer about the competent ADR (Alternative Dispute Resolution) bodies, specifying whether it intends to use such bodies for the resolution of the dispute.

 

Giuseppe Villa S.r.l. informs the Customer, as a consumer, that the European Union has established 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 is accessible at the following link: https://webgate.ec.europa.eu/odr. Through the platform, the Customer can consult the list of ADR bodies and initiate an online procedure for the out-of-court resolution of the dispute.

 

The availability of the above 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 belongs to the courts of the place where the Customer is resident or domiciled. A Customer resident or domiciled in a Member State of the European Union other than Italy may assert their claims against Giuseppe Villa S.r.l. before the courts of the Member State where they are domiciled or resident or before the Italian courts, as the State where the registered office of Giuseppe Villa S.r.l. is located.

 

19. How to Contact Us

 

If the Customer wishes to contact Giuseppe Villa S.r.l. in relation to these General Terms and Conditions of Sale, they can do so at the email address villamilano@villa.it, or otherwise at the telephone number +39 02 804279 or at the certified email address giuseppevilla.pec@pcert.it