GENERAL TERMS AND CONDITIONS OF SALE
These General Terms and Conditions of Sale (these “Terms of Sale”) govern the sale of jewelry products under the brand “Gismondi 1754” (the “Products”) by Gismondi 1754 (USA) Inc., a New York corporation with an address at 654 Madison Avenue Suite 1801, New York, N.Y. 10065United States on the https://shop.gismondi1754.com/ website (the “Site”) operated by Gismondi 1754 S.p.A., an Italian corporation with an address at Via San Vincenzo 59, 16121 Genova, Italy (together with Gismondi 1754 (USA) Inc. collectively, “Gismondi 1754” or “we”). The Products shall only be purchased for personal use, and not for resale or other commercial purposes, by users who are at least 18 years old, with the exception of customers located outside of the United States including U.S. Territories (“Customers” or “you”).
By placing an order for Products on the Site, you expressly accept the Website Policies (as defined below), and Gismondi 1754’s acceptance of your order, and agreement to deliver the Products, is expressly conditioned on your acceptance of the Website Policies.
All orders are subject to written acceptance by Gismondi 1754. Receipt and acceptance of an order, or rejection thereof, by Gismondi 1754 shall be confirmed by email sent to the email address indicated by the Customer when submitting the order. If the order is accepted, the email order confirmation will include a summary of the purchase (i.e., price of the Product(s), shipping costs, and address to which the Product(s) will be shipped), a purchase invoice and an order number, which must be used in all future communications with Gismondi 1754 regarding such order. Once payment for the Product(s) has cleared and the order has shipped, you will receive a shipping confirmation e-mail including the tracking number related to your order, in order to track the delivery of the same. This information may also be accessed through the “Orders” section of your account.
Orders shall be filled in the order in which they are received by Gismondi 1754, subject to availability.
Gismondi 1754 reserves the right, at any time for any reason, to cancel, refuse to process or refuse to accept an order, in whole or in part, even after an order confirmation has been sent to a Customer. Gismondi 1754 shall not be liable to the Customer or any other third party for refusing to process or accept an order after the Customer has received an order confirmation. In the event that Gismondi 1754, for any reason, cannot fulfill, cancels or refuses to process an order that has already been accepted in writing by Gismondi 1754, Gismondi 1754 shall notify the Customer in writing by email and refund the Customer any payment or portion thereof that Gismondi 1754 received for the applicable order or portion thereof. If an order placed by the Customer contains more than one Product, the order will not be shipped by Gismondi 1754 until all of the Products related to such order are available.
The only Products offered for sale by Gismondi 1754 are those shown on the Site. Gismondi 1754 reserves the right to modify or discontinue any Product offered for sale on the Site without notice to Customers at any time. Further, Customers acknowledge and agree that all images shown on the product pages or other pages of the Site are shown for informational purposes only and may not be wholly representative of the Products and their features. Products may have slight variations, including, but not limited to, variations in color, from the images shown on the Site, as a result of the different devices used to view the Site or browser settings.
Customers may be able to order Products that are not in stock, subject to acceptance by Gismondi 1754, advance payment and acceptance of the FINAL SALE terms related to such order. Any custom or made to order Products must be paid for in full in advance upon placement of the order.
3. PRICES AND PAYMENT METHODS
All prices indicated on the Site shall be in U.S. Dollars, and shall be exclusive of applicable sales taxes and shipping charges. All applicable sales taxes and shipping charges shall be added to the price at check-out, and the Customer shall have an opportunity to review all such charges prior to completing and submitting an order. The amount of sales tax and other charges shall depend on various factors, including, without limitation, the type of Product purchased, the price of the Product and the destination of the shipment. Sales tax regulations may change between the time you place an order and the time payment is cleared, which may affect the calculation of sales taxes. The amount appearing on the checkout page may differ from the sales taxes ultimately charged, as indicated in the invoice you will receive with the email order confirmation.
We reserve the right to change the prices of any Products at any time without notice to you. Further, in the event that any items on the Site are mispriced, Gismondi 1754 shall have the right to refuse or cancel any orders placed for Products listed at the incorrect price, regardless of whether the Customer has received an order confirmation or paid for the order. If the order is cancelled by Gismondi 1754 after payment has already been made, Gismondi 1754 will promptly refund the amount of the incorrect price to the Customer.
At checkout, the Customer may apply any coupons or other promotional codes offered by Gismondi 1754. The system will automatically adjust the total order amount, deducting any discounts or allowances. Any coupons or promotional codes may only be used in accordance with the terms provided upon issuance of the coupon or promotional code. Only one promotional code can be used per order and promotional codes cannot be transferred to others or redeemed for cash or credit. In the event Products are purchased in whole or in part by applying a coupon or promotional code, and the Customer returns such Product(s) in accordance with our Return Policy, only the portion of the purchase price actually paid by the Customer will be refunded, and the Customer shall not be refunded the full price that he/she would have paid had the coupon or promotional code not been applied.
Gismondi 1754 ships solely to Customers located in the continental U.S., Alaska, Hawaii, and the District of Columbia. Purchase requests placed from outside of the United States will not be accepted by Gismondi 1754. Shipping costs shall be entirely borne by the Customer in advance of shipment for orders up to one thousand dollars ($1,000.00); Gismondi 1754 offers free shipping for orders exceeding one thousand dollars ($1,000.00).
Products shall be shipped to the address indicated by the Customer upon placing the order as soon as reasonably practicable after Gismondi 1754’s receipt of payment in full for the order. In order to ensure the secure delivery of the order, Gismondi 1754 will not ship to P.O. Boxes, APO/FPO addresses or hotels. In addition to the foregoing, direct signature shall be required upon the receipt of all shipments, at the address indicated at the moment of purchase of the Product(s). The Customer, or an individual on behalf of the Customer, must be present to sign upon the delivery of the order.
Generally, Gismondi 1754 ships (i) within 3 to 12 business days of order confirmation for orders of Products in stock; and (ii) within 15 weeks of order confirmation for orders custom or made to order Products. Notwithstanding the foregoing, the shipment and delivery dates set forth in any order, order confirmation or in these Terms of Sale are estimates only and such estimates shall not be deemed binding upon Gismondi 1754. Gismondi 1754 shall not be liable for failure to ship or deliver the Products by the estimated delivery dates, and the Customer shall not be entitled to any refunds or the right to cancel an order as a result of a delayed shipment. Notwithstanding the foregoing, except with respect to the purchase of custom or made to order Products which require advance payment in full, in the event that Gismondi 1754 is unable to ship an order within thirty (30) days of receipt of payment in full, the Customer will receive an email from Gismondi 1754 notifying the Customer of the delay in shipment. At such time, the Customer will have the option of cancelling the order for a full refund or consenting in writing to the delay.
Upon delivery of the Products to the applicable carrier, the risk of loss or damage shifts to the Customer. Delivery is deemed complete and title to the Products passes to the Customer upon acceptance of the shipment by a common carrier.
The Gismondi 1754 distribution center is closed during the Christmas Holidays, generally from December 24th through January 4th of each year. As such, orders will not be shipped during such time period and; therefore, may be delayed.
5. RETURN POLICY
Please review our Return Policy prior to completing your purchase.
This policy describes how customers (“Customers or “you”) who have purchased jewelry under the brand “Gismondi 1754” (the “Products”) sold by Gismondi 1754 (USA) Inc., a New York corporation with an address at 654 Madison Avenue, Suite 1801, New York, N.Y. 10065, United States on the https://shop.gismondi1754.com/ website (the “Site”), operated by Gismondi 1754 S.p.A., an Italian corporation having an address at Via San Vincenzo 59, 16121 Genoa, Italy, (together with Gismondi 1754 (USA) Inc. collectively, “Gismondi 1754” or “we”), may return Products purchased on the Site.
Customers who are not satisfied with their purchase for any reason may return unused, unworn Products to Gismondi 1754, provided that the conditions set forth herein have been met, within fourteen (14) days from the date of receipt of the Product(s) using the pre-paid FedEx shipping label provided by Gismondi 1754.
Gismondi 1754 DOES NOT OFFER EXCHANGES ON PRODUCTS PURCHASED ON THE SITE.
5.1 PRODUCT CONDITIONS
Returns shall be accepted only if all of the following conditions are met:
a. The Product(s) have been purchased through the Site.
b. The Product(s) to be returned must shipped from the same country they originally shipped to by Gismondi 1754 upon purchase.
c. The Product(s) have not been used or worn, are not damaged and are in the same condition in which they were received by the Customer.
d. The Product(s) are returned in their original packaging, including the identification security tags (with the disposable seal) and all labels, and any documentation included in the original package (e.g. jewelry box, guarantee card).
In no event, Gismondi 1754 will accept returns if the Product(s) show signs of wear or have been altered or modified from their original condition in any way.
Product(s) (i) identified as FINAL SALE; (ii) not in stock at the time an order is placed; and (iii) Product(s) that are made to order or custom pieces are not eligible for return or refund.
If Customer received a free item(s) as part of the order being returned, such free item(s) shall be retuned together with the Product(s).
5.2 RETURN PROCEDURES
In order to return any Products, Customer must obtain a Return Authorization Number (the “RAN”):
a. by calling Gismondi 1754’s Customer Service at XXX.XXX.XXXX; or
b. via e-mail to email@example.com.
In addition to the foregoing, carefully review and follow the return instructions included in the original package and found on the Site (https://gismondi1754.shop/pages/return).
After submitting a request for a return in accordance with the procedures set forth above, if approved, Gismondi 1754 will provide the Customer with a RAN, which must be noted on the return form included in the original shipment. Upon receiving the RAN, Customer shall attach the pre-paid FedEx label to the package containing the Product(s) and drop off the same at the nearest FedEx run location. When dropping off the package, Customer must receive a shipping receipt, as proof of shipment and that the package is insured for theft or loss during the transit. Customers should also keep a record of the FedEx tracking number.
5.3 REFUND OF PRICE
Upon Gismondi 1754’s receipt and inspection of returned Product(s), Gismondi 1754 will determine, in its sole discretion, whether the Customer is entitled to a refund and the Product(s) meet the Gismondi 1754 quality control standards. If all of the return conditions are met, you will receive an e-mail confirming that the return has been accepted and Gismondi 1754 will refund the original purchase price and taxes related to returned Product(s), less shipping costs.
Refunds are typically processed within two (2) weeks of Gismondi 1754’s receipt of the Product(s). Your refund will be made in via the original payment method used to make the purchase. If you paid by credit card, refund proceeding will depend on the credit card company’s policies. However, generally, a refund will be reflected on your credit card statement within ten (10) business days. If you paid by PayPal, refunds will be credited to your PayPal account and may take up to thirty (30) days to be visible.
We will not issue any refunds for returns that do not satisfy all of the return conditions or on Product(s) that do not meet the Gismondi 1754 quality control standards. If your return is rejected, we will send you an email to inform you of the same. Product(s) that are not accepted for return will be shipped back to you, at your own cost.
If you return or send Gismondi 1754 any Product that is not eligible for return or refund or a Product that is not associated with the return authorization number provided to you by Gismondi 1754, and/or any product that you did not purchase from Gismondi 1754, Gismondi 1754 may, without notice to you, retain and dispose of such Product(s) and/or product(s) at its sole and exclusive discretion, and no refunds or credits will be issued for such Product(s) and/or product(s).
6. LIMITATION OF LIABILITY
Gismondi 1754 MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS SOLD ON THE SITE, AND, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Gismondi 1754 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE PRODUCTS CONTAINED ON THE ORDER CONFIRMATION.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT WILL Gismondi 1754 BE LIABLE FOR ANY LOSS, DAMAGE OR CLAIM FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, OPPORTUNITY OR DATA, OR DELAY OR DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY.
NOTHING IN THE FOREGOING DISCLAIMER OF LIABILITY LANGUAGE SHALL SERVE TO DENY ANY CONSUMER, THAT IS A RESIDENT OF NEW JERSEY, (I) THE RIGHT TO BRING A PRODUCT LIABILITY CLAIM UNDER THE NEW JERSEY PRODUCT LIABILITY ACT, N.J.S.A. 2A:58C-1, (II) THE ABILITY TO SEEK PUNITIVE DAMAGES OR (III) THE ABILITY TO SEEK CONSEQUENTIAL DAMAGES IN INSTANCES OF INJURY TO THE PERSON IN THE CASE OF CONSUMER GOODS. IN NO EVENT SHALL Gismondi 1754’S LIABILITY EXCEED, IN THE AGGREGATE, THE TOTAL PURCHASE PRICE, IF ANY, RECEIVED BY Gismondi 1754, AS APPLICABLE, FOR THE PRODUCTS.
CERTAIN STATE LAWS SIMILARLY DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT Gismondi 1754 IS FOUND LIABLE IN RESPECT OF ANY LOSS, DAMAGE OR CAUSE OF ACTION (WHETHER CONTRACTUAL, EXTRA-CONTRACTUAL OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCT, Gismondi 1754’S LIABILITY SHALL BE STRICTLY LIMITED TO THE PRICE OF THAT PRODUCT.
7. FORCE MAJEURE
Gismondi 1754 shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including, without limitation, acts of God, war, pandemics or epidemics, acts of terrorism, insurrections, riots, embargoes, fires, strikes, delays in transportation, inability to obtain supplies of raw materials or equipment used in the manufacture of the Products, failure of any party to perform any contract with Gismondi 1754 related to the production of the Products, blackouts or governmental laws, regulations, orders or actions.
8. CUSTOMER SERVICE
Gismondi 1754’s customer service department is available for all inquiries regarding orders, deliveries, purchases, complaints, requests for information and, more generally, these Terms of Sale through the contact form provided on the Site.
9. WEBSITE POLICIES
Gismondi 1754 reserves the right to amend any portion of the Website Policies at any time and without prior notice to you; as such, please make sure you review the current Website Policies prior to making a purchase on the Site. Any amendments or updates to any Website Policies shall be effective upon publication in their respective sections of the Site.
These Terms of Sale and their interpretation shall be governed by the laws of the State of New York without regard to its conflicts of law rules. Any disputes hereunder shall be resolved in the courts of the State of New York, County of New York. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to any purchase or sale hereunder.
These Terms of Sale, together with the other Website Policies, shall constitute the entire agreement between you and Gismondi 1754. The invalidity or unenforceability, in whole or in part, of any provision of these Terms of Sale shall not affect the validity or enforceability of any other provision hereof or any other term of the remaining Website Policies. The headings contained herein are for purposes of convenience only and shall not control or affect the meaning or construction hereof.
Effective date: 10/11/2023