This Site is owned and operated by myGiulia Limited (myGiulia). These terms and conditions include general terms and conditions for use of this Site, terms and conditions relating to the Services and terms and conditions relating to the gift service and the sale and purchase of Products on the Site. Please read these terms and conditions carefully. Your use of the Site and Services and the purchase of any Products on this Site will be subject to these Terms and Conditions.

1 Important liability statement

1.1 The information available on or through this Site, and the Services supplied via or in connection with this Site, (including the editorial material provided by myGiulia’s gift expert), is intended as information only and does not constitute advice. It is your responsibility to determine that the Products are suitable for you and it is not our responsibility to do so.

1.2 Where the Site or any Submission made by any user includes views, opinions, advice and recommendations, these views, opinions, advice and recommendations are not endorsed by us and we do not accept any liability on account of the accuracy, defamatory nature, completeness, timeliness or otherwise of such views, opinions, advice and recommendations.

1.3 We try to make sure that all information contained on the Site (and provided by us to you as part of any Services or Products) is correct, but the information is of a general nature and not intended to comprise of all the information relating to the subject matters referred to by the Site and therefore, subject to the paragraph below, we do not accept any liability for any error or omission and exclude all liability for any action you may take or loss or injury you may suffer (direct or indirect including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising) as a result of relying on any information on this Site.

1.4 Subject to statutory limits and exclusions for death or personal injury caused by our negligence, or for fraud, our liability to you in connection with any Product purchased through the Site is strictly limited to the purchase price of that Product.

2 Definitions

In these terms and conditions, the following definitions apply:

“myGiulia” means myGiulia Ltd, a limited company with registered number 10967232 by the Companies House, whose registered office is at myGiulia, 48-49 Princes Place, W11 4QA, London, United Kingdom. ‘we’, ‘us’, ‘our’ shall mean myGiulia;

“Materials” defined in clause 2.2;

“Products” means any products offered for sale on the Site;

“Services” means any information and services ordered and/or provided by myGiulia through or via the Site. For the avoidance of doubt, any electronic information supplied to you by myGiulia will constitute part of the “Service” not a Product and cancellation rights will apply accordingly; and

“Site” means the web site at the URL www.mygiulia.co.uk or WAP site or replacement site(s) from time to time.

3 Use of this Site generally

3.1 You may use the Site for personal and lawful use and in accordance with these terms and you are not allowed to copy or use any material from the Site for any commercial purpose including for selling any goods or services.

3.2 The intellectual property rights in all materials on the Site and supplied as part of the Products or Services (“Materials”) are owned by myGiulia or its third party licensors. Except to the extent expressly set out in these terms and conditions, you are not allowed to make any copies of any part of any materials, or remove or change anything on the Site, include or create links to or from the Site without our written authority, or remove or change any copyright, trade mark or other intellectual property right notices contained in any Materials or copies or the Materials.

3.3 You must not use the Site to post, upload or otherwise transmit material which is obscene or pornographic, threatening, menacing, racist, offensive, defamatory, infringing of any intellectual property or otherwise unlawful, to harass, stalk, threaten or otherwise violate the rights of others, to misrepresent your identity or status, to hack into this Site or any other related computer system, to make excessive traffic demands, deliver viruses or forward chain letters or similar materials that may reasonably be expected to inhibit other users from using and enjoying the Site or any other web site or damage or destroy the reputation of myGiulia or any third party.

3.4 myGiulia accepts no obligation to monitor the use of the Site. However, myGiulia reserves the right to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials; to block your access and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions or any breach of applicable law or regulation. myGiulia will also in its absolute discretion fully co-operate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security.

3.5 myGiulia may change the format and content of the Site from time to time. You should refresh your browser each time you visit the Site to ensure that you download the most up to date version of the Site.

4 Your personal information

4.1 Use of your personal information is governed by myGiulia’s Privacy & Cookies Policy, which forms part of these terms and conditions. In the event that myGiulia undergoes reorganisation or is sold to a third party, you agree that any personal information myGiulia holds about you may be transferred to that reorganised entity or third party and used in accordance with the Privacy Policy.

5 Liability

5.1 You are referred to the important liability statement at the top of these terms and conditions. Subject to that statement you agree that your use of this Site and the Service is on an “as is” and “as available” basis. On that basis, except as expressly set out in these terms, myGiulia does not enter into conditions, warranties or other terms in relation to the Site or the Services or any guaranteed or predicted result from using the Site, Services or Products.

5.2 The Site includes links to external sites and co-branded pages. myGiulia has included links to these sites and co-branded pages to provide you with access to information and services that you may find useful or interesting. myGiulia does not endorse the content of external sites and is not responsible for the content of these sites and pages or for anything provided by them.

5.3 Subject to the important liability statement, myGiulia is not liable for failure to comply with these terms and conditions due to any event beyond its reasonable control, including, without limitation, the input of incorrect information by you.

5.4 The Site or documents sent with a Product, or the packaging or labelling of a Product may contain instructions for use, warnings, contra-indications and other notices. You must read and follow these notices carefully and ensure others who use the Products do so. Subject to the important liability statement, we will not be legally responsible to you if any of these are not observed.

6 Suspension and termination of Service

6.1 myGiulia may suspend the operation of the Site for repair or maintenance work or in order to update or upgrade the contents or functionality of the Site from time to time. Access to or use of the Site or pages linked to it will not necessarily be uninterrupted or error free.

6.2 myGiulia may terminate the Service and cease to send you Products immediately in the event you breach any of these terms and conditions or if you are late in or do not pay any sums due to myGiulia.

7 Eligibility to purchase Products

7.1 myGiulia does not sell Products to children under the age of 18 on this Site although it may sell Products suitable for children to adults. If you are under 18, you may use the non-transactional parts of the Site but you may not purchase Products from the Site. By ordering Products you represent that you are 18 years of age or older.

7.2 In order to purchase Products, you must submit a valid Visa, Visa Electron, Mastercard, American Express, Delta or Switch credit or debit card login. You warrant that the payment card login you submit is yours. All credit/debit card holders users are subject to validation checks and authorisation by the card issuer or payment provider. myGiulia is not responsible in the event that your payment card provider refuses to authorise payments.

8 Ordering Products

8.1 When you select the option to allow us to store your card details we will do so using the STRIPE payment system. STRIPE is a safe way for us to keep card details without actually storing them. Sage Pay store and convert your sensitive payment information into a secure token or “alias”.

8.2 It is your responsibility to inform us of any change of address or other relevant details such as payment card details.

9 Contract Formation

9.1 After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your Order has been accepted. Your Order constitutes an offer to myGiulia to buy a Product via the Site. No contract will exist in relation to the Products until we have confirmed to you by email that the Product has been dispatched (the Dispatch Confirmation email). Acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you when you are able to access the Dispatch Confirmation email.

9.2 Each Contract relates only to those Products whose dispatch myGiulia has confirmed in the Dispatch Confirmation. myGiulia shall not be obliged to supply any other Products which may have been part of your Order until the dispatch of such Products has been confirmed by way of a Dispatch Confirmation. This will be without prejudice to your right to cancel as outlined in these terms and conditions and to your statutory rights as a consumer. myGiulia reserves the right to refuse orders for Products.

10 Pricing, Availability and Dispatch Information of Products

10.1 Information displayed on the Site as to pricing and availability is subject to change by myGiulia. Payment for the Products will be made via the Site in accordance with the procedure explained on the Site.

10.2 While we aim to be accurate, any availability information or dispatch estimates on the Site in relation to Products are approximate. As we process your order, we will inform you by e-mail, telephone or SMS, if any Products you order turn out to be unavailable. Please allow up to 10 business days for delivery.

10.3 In spite of our best efforts, it is possible that a Product may be mispriced on the Site. We do, however, confirm prices as part of our dispatch procedures. Where a Product’s actual price is lower than that stated on the Site, we will charge the lower amount and send you the Product. If, however, the actual price is higher than that stated on the Site, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation. Prices are inclusive of VAT so the price of a Product may change if you are ordering from outside the UK (see clause 10.4 below).

10.4 Products will be dispatched to your delivery address as soon as reasonably possible after acceptance of your order. Delivery charges and sales tax will be made in accordance with your location and you will be informed of the relevant charge on the Site before you confirm your order. Please note, any orders we accept which require delivery outside the EU will be delivered duty unpaid.

11 Warranties

11.1 myGiulia warrants that the Services will be supplied with reasonable skill and care.

12 Statutory rights and refunds

12.1 THE RIGHTS OF CANCELLATION AND REFUND AND ANY LIMITATION EXPRESSED IN THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

12.2 Products returned by you because of a defect will be refunded in full, including a refund of any standard delivery charges for sending the item to you and the cost incurred by you in returning the item to myGiulia.

12.3 It can take up to 10 days for us to receive your return, depending on which postal service you use. Refunds are usually processed on the day of receipt. Please allow a further week for the amount to show in your account.

12.4 Refunds in relation to Products may only be credited to the credit or debit card or PayPal account originally used to make the purchase. If we are unable to put the refund through on this card or account for any reason, we will try to contact you to discuss alternative arrangements.

13 General

13.1 myGiulia may change these terms and conditions from time to time and will endeavour to notify you of any major changes by email or at the very least by posting a message on the Site. By browsing the Site you are accepting that you are bound by the current terms and conditions. You should check these each time you revisit the Site. These terms and conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter. If any provision of these terms and conditions is found to be unenforceable, this shall not affect the validity of any other provision. myGiulia may delay enforcing its rights under these terms and conditions without losing them. You agree that myGiulia may sub-contract the performance of any of its obligations or may assign these terms and conditions or any of its rights or obligations without giving you notice.

13.2 These terms and conditions shall be governed and interpreted in accordance with English law, and you consent to the non-exclusive jurisdiction of the English courts.

13.3 If you have any enquiries or complaints (about the Service or someone else’s use of the Site) then please address them to myGiulia Customer Service Department, 48-49 Princes Place, W11 4QA London, United Kingdom or email: customerservice@mygiulia.co.uk

 

Last Update on 31 May 2018